Tshwane mayor responds to claims over city manager's appointment

The Citizen

3 days ago

The Tshwane mayor's office has broken its silence over growing calls for the removal of city manager Johann Mettler, saying that the matter is being taken seriously.
Mayoral spokesperson, Samkelo Mgobozi, confirmed that the mayor, Nasiphi Moya, received formal correspondence from the Gauteng MEC for Co-operative Governance and Traditional Affairs regarding the compliance of senior manager appointments.
'We are aware of the recent public statements made by various parties and have taken note of them,' Mgobozi said.
'The mayor has formally responded to the MEC and fully appreciates the seriousness of the matter and the public interest.'
This comes after the ANC's Greater Tshwane Region called for Mettler to be replaced, claiming his appointment was 'unlawful and riddled with irregularities'.
According to ANC regional co-ordinator, George Matjila, Mettler's appointment in September 2022 disregarded key legal requirements and should be declared null and void by the courts.
He said the process was characterised by 'a contemptuous disregard for the law to advance the narrow interests of a few'.
Matjila raised his concerns during a press briefing held by the ANC on Friday. 'It creates a mockery of the prescripts on the appointment of senior managers.'
The ANC alleges that Mettler failed to meet several critical requirements for the position.
The party argues that when the post was advertised in March 2022, the requirements included 12 years of relevant experience, of which at least five years had to be at the senior management level.
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Matjila claims Mettler only had 11 years of experience at the time of his shortlisting and interviews.
'He should have been eliminated at the initial stage of shortlisting. His inclusion among the shortlisted candidates is unlawful and irregular.
'Therefore, the appointment of Mr Mettler as the city manager is null and void and stands to be set aside by a competent court,' he said.
He also raised concerns about the composition of the selection panel that oversaw the appointment process.
Matjila said the Municipal Systems Act stipulates that the selection panel for the position of a city manager must include a maximum of two councillors.
However, the ANC alleges that the panel included four councillors, which contravenes the legislation.
'This violation alone renders the entire process invalid,' said Matjila.
Another issue raised by the ANC is Mettler's alleged failure to meet the minimum competency requirements set out in the Municipal Finance Management Act (MFMA).
The act requires senior municipal officials to attain specific financial management competencies within 18 months of their appointment.
According to Matjila, Mettler had not met these requirements at the time of his appointment and failed to reach them before the 18 month deadline, which was at the end of February 2024.
'The contract of employment of the city manager automatically terminated in March 2024. His continued employment is therefore unlawful,' said Matjila.
The ANC has vowed to ask its councillors to call for a special council meeting to debate the validity of Mettler's appointment.
Matjila stated that their councillors will make sure that the speaker convenes a meeting as soon as possible, so that the council can take a resolution to reverse this allegedly illegal appointment.
'We will also push for the city to seek a declaratory order in court to officially set aside the appointment.'
In response to these allegations, city manager Johann Mettler directed enquiries from Rekord to the metro's head of communications, Selby Bokaba.
Bokaba stated that the city manager would co-operate with any investigation into his appointment, provided it was fair and transparent.
Meanwhile, the DA has dismissed the ANC's accusations as 'baseless and politically motivated'.
DA Tshwane caucus leader Cilliers Brink defended Mettler's appointment and said the ANC's ultimate goal was to replace Mettler with one of their 'deployed cadres'.
In a statement, the Freedom Front Plus agreed with the DA, saying Mettler and his management team stand in the way of efforts to destabilise the administrative order and integrity of the metro.
'We warned the mayor against any move to terminate Mettler's appointment [and not] to use flimsy legal arguments to pressure him to resign,' Brink said.
'The ANC doesn't want someone in the position of municipal manager who exercises independent judgement and who does not bend to party political loyalty and pressure.'
Brink praised Mettler's experience and qualifications, saying he is one of the most respected and experienced municipal managers in the country.
He said Mettler served as municipal manager in Drakenstein and Nelson Mandela Bay and even led an ANC government intervention team in 2015.
'He holds the legislated minimum competencies under the MFMA and has since completed all necessary qualifications,' Brink said.
The DA also questioned why no concerns were raised at the time of Mettler's appointment.
Brink said, 'The MEC for local government received a full report on the appointment process in 2022.
'No irregularities were flagged, and no investigation was ordered. National Treasury also never raised concerns about Mettler's competencies.'
He accused the ANC of exploiting technicalities to destabilise the metro's administration.
Brink said the real problem is cadre deployment, which has caused many municipalities around the country to fail.
'The ANC wants to recycle politicians into positions that should be occupied by independent professionals like Mettler,' Brink added.
The DA said it will consult its legal team and oppose any attempt to remove Mettler.
Brink added that they will not allow this technical argument to undo an appointment made almost two years ago.
'The mayor must now make her position clear on whether she supports her coalition partners in trying to fire Mettler.'
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