. Judge Glenn Goosen, who heard the case on 3 March this year, was told that the municipality had two city managers. Each was appointed at a different council meeting, by feuding groupings of city councillors — and both claimed to be legitimate.
From the onset, therefore, councillors had vested financial interests in the contracts issued by municipalities. The second term of local government, beginning in 2000, saw a change. A slew of legislation to reconfigure local government in a way that would enable the democratic ethos of checks and balances was now ready for implementation.
Since 1995, therefore, the appointment of a city manager has been an internal, mayoral-driven process. The mayor chairs the panel, comprising three to five members. For a panel of three members, two panellists should be councillors, that is, the mayor and another councillor; the third should be an outsider who is familiar with the requirements of the job. Regulations are not specific on the formula in a panel of five members.
The scramble over city managers led to instability. Some were pliant and others not. Those who resisted improper instructions were fired and the compliant ones were kept in their posts, even in an acting capacity of an irregular period lasting as long as two years, far beyond the legally prescribed duration of three months. Graham Richards, who was appointed city manager of the Nelson Mandela Bay metro municipality for the second time in 2006 , never finished his term.
Maphazi’s fate did not deter Wayile from expecting similar conduct from city managers. He disapproved of Vatala because of his close links to politicians. Earlier, Wayile had to fend off instructions from Matomela House to appoint Vatala as head of procurement. That was a clear indication for Wayile that, if appointed city manager, Vatala would do the bidding of the faction that backed him.
When she resisted, Fihla threatened that she might be physically attacked and, to guarantee her own safety, she had to go along with the instruction. Msengana-Ndlela refused to succumb to the threats and resigned within six months of her employment. The unrelenting political pressure to approve improper contracts and commit financial irregularity forced her to resign.
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