DA blames former COGTA MEC for the MAP mess

Staff reporter

Bethlehem – The Democratic Alliance in Maluti-A-Phofung has come guns blazing and blame Thembeni Nxangisa, erstwhile MEC for COGTA for the now unlawful and irregular appointments of Municipal Manager and Chief Financial Officer of the embattled municipality.

This follows series of articles we published regarding both Free State High Court and Constitutional Court judgments in relation to the appointments of Patrick Mothamaha, former Municipal Manager, and Jemina Mazinyo, Chief Financial Officer.

In our latest article, we reported of a plan to abide by the court decision and recover monies paid to both Mothamaha and Mazinyo.

MAP to accept concourt judgment and begin search for a new CFO

Leona Kleynhans who in 2020 was a MPL said they raised questions.

“I was the Constituency Head and MPL at the time of these appointments. As a member of Cogta Portfolio Committee I was asking questions about how the MM and CFO had been appointed at such massive salaries, far beyond the regulated pay scales.”

Kleynhans said it was former MEC who said the salaries were allowed till Mxolisi Dukwana challenged that.

“MEC Nxangisa at first said they are allowed but eventually the FS Department of Cogta did go to court to get a declaratory order on the salaries. The order was issued that they must pay back the money. I presume after that the MM and CFO appealed the ruling. This all was about 4years ago.”

Kleynhans went further to say corruption is rife in MAP.

“What I do know is that an enormous amount of illegal activity, corruption and fraud has been taking place in MaP.

It is a crime against humanity, how the people of MaP have been betrayed by the ANC and MaP16. As the recent SAHRC investigation found, MaP has violated the basic principles of the Bill of Rights and the Constitution, even as leaders and senior managers have been enriching themselves.”

Thembeni Nxangisa, former MEC for COGTA said the role of the MEC is to play coordinating.

“The MEC of COGTA plays a coordinating role for cooperative and intergovernmental role between and amongst three spheres of government and interrelation between various departments and sectors of the society.

Further information related to the appointment of senior managers in MAP can be obtained from the department.

Local governments or municipalities are an independent sphere of government and are thereby governed by certain pieces of legislation.

The appointment of its senior managers and the appointment entire recruitment process for staff is regulated.

With specific respect to you enquiries here is two pieces of legislation that respond to questions you posed:

Section 56 of the Municipal Systems Act in South Africa deals with the appointment of managers who are directly accountable to the municipal manager:

Section 57(6) of the Local Government: Municipal Systems Act, 2000, provides that the employment contract for a municipal manager must be for a fixed term of employment up a to maximum of five years, not exceeding a period ending one year after the election of the next council of the municipality.

Both were from the municipal system Act of 2000. Which the concerned municipality will apply in appointing its staff.”

Despite a lengthy response, Nxangisa failed to answer why they were appointed at category 6 not 4 and on high notches.

He also failed to acknowledge the court declared these positions unlawful.

Jabu Mbalula, spokesperson for the ANC did not respond to our questions.

In other news Masechaba Sesing, former Head of Department at Treasury has been granted leave to appeal “interdict judgment” she lost against Free State Premier and Public Service Commission.

The commission had found Sesing guilty of unlawfully interfering with a recruitment process and recommended she be dragged through disciplinary hearing.

SESING seeing Red

The matter will now head to Suprene Court of Appel. It was heard in August and judgment handed in October.

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