Local Government, Environmental Affairs and Development Planning

Question by: 
Hon Isaac Sileku
Answered by: 
Hon Anton Bredell
Question Number: 
11
Question Body: 

Whether there have been any irregular appointments in (a) Kannaland, (b) Beaufort West and (c) Laingsburg over the past five financial years; if so, (i) who was appointed to what position, (ii) why was the appointment deemed illegal or irregular, (iii) what is the total salary package associated with each appointment and (iv) what steps has his Department taken in each case?

Answer Body: 
  1. Firstly, it needs to be stated that in relation to the reply pertaining to the appointment of senior managers, the content applies to appointments in terms of section 56(1)(a)(i) of the Municipal Systems Act, 32 of 2000 (the Act) and the scope of period relates to the past 5 (five) municipal financial years being from 2019/2020 to 2023/2024.
  1. In the case of Kannaland Municipality for the aforementioned financial   years, the following appointment was deemed irregular (i) appointment of Chief Financial Officer, namely, Mr. Roland Butler; (ii) the appointment was in contravention of the Municipal Systems Act and the Regulations on Appointment and Conditions of Employment of Senior Managers (the Appointment Regulations) (iii) In terms of the Upper Limits applicable at the time, the total annual remuneration package associated with the post was between R 811 416.00 and R 1 011 991.00 ; (iv) legal proceedings could not be instituted due to advice obtained to the contrary.

In relation to irregular appointments of middle managers, Kannaland Municipality is still conducting its assessment and have not been able to provide the information at this stage.

(b)  Beaufort West Municipality:

  1. Mr Francios Marais was appointed as Manager: Administrative Services (Middle Management position). In the case of senior management appointments, the appointments of Mr Monwabisi Colin Tshibo as Director: Community Services, Ms Nomfundo Fetsha as Director: Financial Services, Mr Denwin Charl Van Turha as Director: Infrastructure Services and Mr Truman Prince as Director: Community Services were deemed irregular;

According to the Audit Findings on the audit of appointments of employees, It was noted that the position occupied by AF Marais was not provided for in the Municipal Staff Establishment as required by section 66(3) of the Municipal Systems Act. In the case of the appointment of Mr. Monwabisi Colin Tshibo, the basis for holding the appointment unlawful, was inter alia, non-compliance with the Regulations on Appointment and Conditions of Employment of Senior Managers and the irrationality of the appointment based on his competency achievement level. With respect to the appointments of Ms Nomfundo Fetsha and Mr Denwin Charl Van Turha, the basis for holding the appointment irregular, was non-compliance with the Regulations on Appointment and Conditions of Employment of Senior Managers. In relation to the appointment of Mr Truman Prince, there were several non-adherences to the Appointment Regulations, notwithstanding the irrationality of the appointment.

Total salary package offered by Beaufort West Municipality to

  1. Mr. Francois Marais was R1 576 267.00. The total salary package associated with the appointment of Ms. Fetsha was between
    R 846 307.00 and R 1 040 327.00 as per the Upper Limits applicable at the time. In terms of the Upper Limits applicable at the time,
    Mr. Van Turha was offered a total salary package between
    R 846 307.00 and R 1 040 327.00. In the case of Mr Truman Prince, the total salary package associated with the post was between R 769 844.00 and R 960 143.00 plus 7% Rural Allowance.

(iv)    Based on correspondence sent to the Municipality, threatening legal action if it failed to remedy the situation, the Municipality informed my Office that Council reviewed its decision to appoint Mr Tshibo.  No further course of action was required as Ms Fetsha and Mr Van Turha’s subsequently resigned. In relation to Mr Prince’s appointment, correspondence was addressed to the Municipality extensively identifying the non-adherences, subsequently to which the Municipality terminated the appointment.

                  (c)  Laingsburg Municipality:

No irregular senior management appointments have been made at Laingsburg Municipality over the past 5 years.

 

 

Date: 
Friday, August 25, 2023
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