The appointment of Tshwane city manager Johann Mettler was conducted in a manner that creates a mockery of the prescripts governing the appointment of senior managers, claims the ANC.
“The ANC will request its councillors to ensure that the speaker is requested to convene a special council meeting as soon as possible, in order to allow the council to take a resolution on the validity of the appointment of the city manager,” the party said this week.
The party has accused Mettler of lacking experience for the job. It said applicants were required to have 12 years of experience, of which at least five years must be at the senior management level, but Mettler only had 11 years of experience and should have been eliminated at the initial stage of shortlisting.
“His inclusion in the names of the shortlisted candidates is unlawful and irregular. Therefore, the appointment of Mettler as the City Manager is null and void and stands to be set aside in a competent court.”
DA consulting lawyers
DA Tshwane caucus leader Cilliers Brink said he wrote to Tshwane mayor Nasiphi Moya to warn her against any move to have Mettler’s appointment terminated or to use a baseless legal pretext to pressure him to resign.
Brink said the DA, as a party represented in the council, were consulting lawyers in the matter
“Aside from the flimsy legal attack on Mettler’s appointment mouthed by the ANC, it is clear that the ANC coalition in Tshwane wants to replace Mettler with one of their own deployed cadres.
“On a number of occasions, Mettler has been attacked by the EFF. Obakeng Ramabodu, the EFF Tshwane leader and the MMC has said in the Tshwane council that the party will get rid of Mettler. He has also accused him, without any evidence, of leaking confidential information,” he said.
Brink said the most notable of these attacks happened when it became clear that the city would not drop the case against city officials implicated in an irregular contract award to a consortium led by ANC funder Edwin Sodi.
“Whatever legal pretext the ANC coalition devises, the point is that the party would prefer one of their own deployed cadres, not an independent professional, in the job of municipal manager.”
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Mayor consulting with MEC
ActionSA national chairperson Michael Beaumont said ActionSA would not allow instability in the city.
“While ActionSA acknowledges the ANC’s right to express its opinion, we also affirm that coalitions must make space for differing perspectives, provided this does not undermine stability.
“The multi-party coalition in Tshwane has deliberated on this matter and noted concerns that the panel which interviewed Mettler included additional panellists beyond what is potentially permitted by the relevant regulations,” he said.
Beaumont said this procedural irregularity occurred during the term of the DA-led mayoralty.
“We further note the concerns raised by the ANC regarding Mr Mettler’s alleged lack of relevant experience and possible non-compliance with the requirements of the Municipal Finance Management Act.
“It is important to emphasise that these matters have not been raised by the MEC and have not yet been fully deliberated upon by the coalition.
“That said, the legal implications of asking the council to reverse an appointment at this stage remain uncertain and would require careful consideration,” he added.
Beaumont said the coalition had mandated mayor Moya to engage with MEC Mamabolo on this matter, with the aim of clarifying the issues and identifying a resolution that upholds both the law and the stability of the city’s administration.
“Her ongoing engagement with the MEC on senior appointments, as resolved by the political management committee, is both appropriate and constructive.
“We urge all coalition partners to be guided by this resolution and to refrain from unilateral actions that may jeopardise the hard-won progress of this coalition government,” he said.
Beaumont said ActionSA’s position is clear and consistent.
“We will not support the removal of any senior manager unless there is a clear, lawful and governance-based reason for doing so.
“This position reflects a core coalition principle that prioritises stability, continuity and performance in the city’s senior administration.”
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