{"id":12904,"date":"2012-07-29T13:43:46","date_gmt":"2012-07-29T11:43:46","guid":{"rendered":"http:\/\/www.myza.co.za\/07\/legislature-too-busy-to-debate-illegal-appointment-of-mandela-metro-municipal-manager\/"},"modified":"2012-07-29T13:43:46","modified_gmt":"2012-07-29T11:43:46","slug":"legislature-too-busy-to-debate-illegal-appointment-of-mandela-metro-municipal-manager","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/legislature-too-busy-to-debate-illegal-appointment-of-mandela-metro-municipal-manager\/","title":{"rendered":"Legislature \u201ctoo busy\u201d to debate illegal appointment of Mandela Metro Municipal Manager"},"content":{"rendered":"

\t\t\t<\/p>\n

The Eastern Cape Provincial Legislature is \u201ctoo busy\u201d to want to debate the continued illegal appointment of Temba Hani Acting Municipal Manager of Nelson Mandela Bay Metro.<\/p>\n

In a statement to the media last week I proposed that I would seek a special debate in the Legislature this week on the matter.\u00a0 In terms of the Rules of Order of the Legislature I requested the Speaker in writing on Monday, 22 July 2012, to consider this matter for debate.<\/p>\n

This morning the Chief Whip of the Legislature suggested I pose a motion to the Legislature this afternoon for debate at a later date.<\/p>\n

On behalf of the Democratic Alliance I will table a motion in this regard, but as the rules of the Legislature stipulate, a motion can be debated after 10 sitting days.\u00a0 This means it could be weeks before the matter is debated.<\/p>\n

By then it is likely that a permanent Municipal Manager would have been appointed in the Nelson Mandela Bay Metro.<\/p>\n

The current appointment of Mr Hani as Acting Municipal Manager of the Mandela Metro is illegal for the following reasons:<\/strong><\/p>\n

    \n
  1. At a council meeting in March this year the Executive Mayor of the Metro used delegated powers to re-appoint Mr Hani for a third term acting stint, contrary to the provisions of section 54 A (1) (b) which states that acouncil must appoint such a manager.<\/li>\n
  2. The resolution stated that Mr Hani\u2019s appointment be valid until the 18 July 2012 or the appointment of a permanent Municipal Manager which ever occurred first.<\/li>\n<\/ol>\n

    As no permanent appointment has been made in this regard, the 18 July-deadline then applies.<\/p>\n

    As Mr Hani is still in his position this poses serious legal consequences for the Metro:<\/p>\n

    Firstly, any decision made by Mr Hani will have no effect in law due to his current employment status.<\/p>\n

    Furthermore, the payment of a salary package and perks to Mr Hani will be irregular and fruitless expenditure as technically he should not be in the employ of the Metro since 18 July 2012.<\/p>\n

    In view of the tardiness by the Speaker not to allow this urgent debate, I will be referring this matter to my DA-colleague in parliament who deals with Local Government, John Steenhuisen, as well as the National Minister.<\/p>\n

    Section 54A (9) of the Municipal Systems Act states that:<\/p>\n

    \u201cWhere an MEC for local government fails to take appropriate steps referred to in subsection (8), the Minister may take the steps contemplated in that section\u201d.<\/p>\n

    It is serious and disappointing that the Provincial Legislature fails to note and act swiftly to avoid a managerial crisis in the Mandela Metro.<\/p>\n

    Dacre Haddon, MPL<\/strong><\/p>\n

    \t\t<\/p>\n","protected":false},"excerpt":{"rendered":"

    The Eastern Cape Provincial Legislature is \u201ctoo busy\u201d to want to debate the continued illegal appointment of Temba Hani Acting Municipal Manager of Nelson Mandela Bay Metro. In a statement to the media last week I proposed that I would seek a special debate in the Legislature this week on the matter.\u00a0 In terms of […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","ngg_post_thumbnail":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[1],"tags":[1289,5],"class_list":{"0":"post-12904","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-south-africa","7":"tag-mype","8":"tag-port-elizabeth-2","9":"entry"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/12904","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/comments?post=12904"}],"version-history":[{"count":0,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/12904\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media?parent=12904"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/categories?post=12904"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/tags?post=12904"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}