Press Statement by Sithi Silosini DA Councillor Lekwa Local Municipality
The Democratic Alliance (DA) in Lekwa and the Department of Cooperative Governance, Human Settlements and Traditional Affairs (CoGHSTA) have approached the Minister of CoGHSTA, Velenkosi Hlabisa, to intervene and ensure that the municipality adheres to Municipal Systems Act on the appointment of Municipal Managers.
This comes after the Council took a decision to extend the acting appointment of Mthembeni Jiyane as Municipal Manager for a further 3 months. As a result, this makes it 9 months since Jiyane started acting in August 2025.
It must be noted that the DA made it explicitly clear that where the acting appointment cannot be rotated or the position cannot be filled within the prescribed legal framework, the appropriate course of action would be to seek a secondment from the MEC for Co-operative Governance and Traditional Affairs.
The DA is in possession of a letter from the MEC of CoGHTSA, Speedy Mashilo stating that in terms of Section 54A(2A) (a) of the Municipal Systems Act, his office only supported that appointment of an acting Municipal Manager from the 19th of November 2025 to the 19th of February 2026.
The MEC advised the municipality to accelerate the recruitment process of filling the post during this period. Notably, in the letter, the MEC specified that in terms of the Municipal Systems Act, his office is not empowered to extend the acting period of the Municipal Manager beyond six (6) months as stipulated in Section 54A(2A)(a).
Therefore, the decision to extend the acting appointment, beyond what is permissible, constitutes an irregular appointment. Consequently, any remuneration or financial obligations arising from this decision amount to irregular expenditure in terms of Section 32 of the Municipal Finance Management Act (MFMA).
It must be noted that such actions under the ANC leadership set a dangerous precedent. The continued disregard for legal prescripts not only exposes the municipality to financial and reputational risk, but also erodes public trust in Council.The DA will continue to monitor this matter closely and take the necessary steps to ensure that accountability and good governance prevails.