Cape Town – George Municipality is seeking legal advice on remedial action ordered by the public protector regarding the appointment of its sewer network manager in March 2017, more than a month after the municipality was made aware of the report’s findings.
Public Protector Busisiwe Mkhwebane publicly released her report last week. It found that the appointment was unfair and that the municipality’s conduct was improper, and had constituted maladministration.
Her office launched the investigation after RC van Rooi lodged a complaint when his application for the 2017 post was unsuccessful.
Van Rooi alleged that he was registered as a professional engineering technician at the time he applied, while the successful candidate was registered only after his appointment.
He alleged that the manager, Randal van Staden, only registered as a candidate engineering technician after his appointment. “It was further established by the Engineering Council of SA that a registered professional engineering technician, as stipulated would be able to deal with well-defined problems, whereas a candidate engineering technician might only undertake engineering tasks under the direction, control and supervision of a registered professional engineer,” Mkhwebane’s report read.
She said the allegation that the appointment was unfair and not in accordance with the relevant legislation regulating the recruitment selection of staff, was substantiated.
The appointment was also made in violation of the Municipal Systems Act and the conduct was improper and constituted maladministration, the report found.
Her remedial action stated that executive mayor Melvin Naik take disciplinary action against the municipal manager and officials involved in Van Staden’s appointment.
An analysis also had to be conducted on the officials’ qualifications, experience and competence against the requirements and job description.
They were further ordered to submit a report to the council and “institute proceedings for the judicial review of the irregular appointment” of Van Staden within 30 business days.
Municipal spokesperson Athane Scholtz said: “The matter has been referred to the council's attorneys.”