By Staff Reporter
The Johannesburg City Council has appointed Tshepo Makola as acting city manager after the High Court in Johannesburg ruled that former city manager Floyd Brink’s appointment unlawful and irregular.
Makola, previously the city’s Chief Operating Officer, will serve as acting city manager for three months while the city initiates a recruitment process.
He assumed the role in late December after the administration opted not to appeal the court ruling.
Although Mayor Dada Morero initially intended to appoint Helen Botes, CEO of the Joburg Property Company, to the position, the decision faced criticism due to her tenure’s lack of significant impact, particularly on city infrastructure.
In a council vote, 139 councillors supported Makola’s appointment, 60 opposed, and 41 abstained.
However, the DA questioned the legality of the appointment, citing the Municipal Systems Act, which mandates that only the council can appoint a city manager or acting city manager.
DA Johannesburg caucus leader Belinda Kayser-Echeozonjoku accused the ANC-ActionSA-EFF coalition of undermining the rule of law.
She said that Makola’s appointment, which became effective on December 27, was only legally sanctioned after council approval on January 12.
“The Municipal Systems Act requires that a City Manager or Acting City Manager be appointed by council before taking office,” said Kayser-Echeozonjoku.
She warned that the city risks repeating the same errors that led to Brink’s removal.
The DA has written to the Speaker and Gauteng’s MEC for Cooperative Governance and Traditional Affairs, urging adherence to the law.
The party referenced a similar case, Democratic Alliance v Kouga Municipality, where the court upheld the council’s exclusive authority to appoint municipal managers.
“We will not accept this blatant disregard for the rule of law,” said Kayser-Echeozonjoku.
“The DA has written to the speaker to place her on terms, alongside the Gauteng MEC of Cooperative Government and Traditional Affairs (CoGTA) to remind them of the fact that in an almost identical case the court sided with the DA, and granted us a cost order against the City – less than a month ago.”
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