On Now
Weekdays 15:00 - 18:00
The Joyride Nico, Nikki, Kayla and JayBee
NEXT: 18:00 - 19:00 OFM Business Hour with Olebogeng
Listen Live Streams

Central SA

Disgraced FS MM challenges removal

───   OLEBOGENG MOTSE 16:31 Mon, 24 Feb 2020

Disgraced FS MM challenges removal  | News Article

The disgraced former Municipal Manager of the Nketoana Local Municipality in the Free State has on Monday challenged the June 2019 High Court order that deemed his appointment to the position as illegal.


In 2018, reports surfaced alleging Mzwandile Manzi did not meet the minimum requirements for the Municipal Manager position at the time of his appointment in 2017. It was further rumoured that Manzi doctored his CV to qualify for the top job, claiming to have two labour law short courses from the University of the Free State (UFS).

A 2018 investigation into the allegations was conducted by the then MEC of Cooperative Governance and Traditional Affairs (Cogta), Oupa Khoabane, at the behest of the then Cogta Minister, Zweli Mkhize. In August 2018, Khoabane ordered the Nketoana Municipal Council to overturn Manzi’s appointment, to no avail.

In 2019, High Court proceedings were initiated by the Cogta MEC to have the appointment declared null and void. By the time the High Court ruled in Cogta’s favour, Khoabane was no longer the MEC and was replaced by Thembeni Nxangisa, following the May 2019 elections.

On Monday, Advocate Mike Louw, representing Manzi, argues his client’s appointment was, in fact, lawful and fell within the prescripts of the 2007 version of the Municipal Regulations on Minimum Competency Levels which fall under the Municipal Finance Management Act (MFMA). Louw says the 2007 regulations require a prospective candidate to have a “Bachelor’s degree or a relevant qualification registered on the National Qualifications Framework at an NQF level 7”. Louw says Manzi did possess such a qualification which is classified as an equivalent to a degree. The applicant’s legal counsel says Khoabane relied on the 2014 version of the regulations when instructing council to overturn the appointment, he did not read them alongside the 2007 version.

It is confirmed that at the time his application for the position was being processed, Manzi was studying towards obtaining a certificate of municipal finance management. He had submitted a certificate of results with his application.

Judge Martha Mbhele, who formed a part of the full bench alongside Judges Fouché Jordaan and Sylvia Daniso, questioned how a Bachelor’s degree with 360 credits could be equated with a six-month certificate with 60 credits. Her questions reveal the appellant’s certificate was issued in October 2018. It’s reported he was hired the month prior to this.

Senior Counsel, Bejile Mene, representing Cogta MEC, Thembeni Nxangisa, requests the full bench to dismiss the application with costs. According to Mene, the selection panel should remain the same throughout the screening and interview process. He reveals the panel changed during the interview process contrary to the regulations. This makes the appointment unlawful. The Senior Counsel further said the panel did not verify Manzi’s qualifications, therefore asking “what informed the panel to shortlist the applicant”?

Speaking on the inclusion of Manzi’s exam results in the application, “the results remain results, they are not proof of a qualification”. It’s also revealed there was another candidate who, much like the embattled former municipal manager, did not meet the minimum requirements and was disqualified.

Judgment in the matter has been reserved. It is anticipated it will not take long for Mbhele, Jordaan, and Daniso to make their decision on the appeal.


OFM News 

@ 2024 OFM - All rights reserved Disclaimer | Privacy Policy | We Use Cookies - OFM is a division of Central Media Group (PTY) LTD.