15-05-2025
DA takes legal action against Joburg over ‘unlawful' acting appointments
The DA alleges the city repeatedly extended acting appointments beyond the legal three-month limit without MEC approval.
Seven senior managers, including the acting city manager, are named in the legal demand to cease decision-making in their roles by 16 May.
The DA warns of urgent court action if the city and MEC fail to comply and cites governance failures as reasons for the no-confidence motion against Morero.
The DA has formally served the City of Johannesburg with legal papers demanding an immediate end to what it describes as the municipality's ongoing and unlawful appointment of individuals to senior management positions in an acting capacity.
The party accuses the City of breaching national and local governance legislation by repeatedly extending acting appointments beyond the legally permitted three-month period without the required approval from the provincial MEC.
In a formal legal letter dated 13 May 2025 and addressed to Gauteng co-operative governance and traditional affairs MEC Jacob Mamabolo, City of Johannesburg mayor Dada Morero, City of Johannesburg speaker Nobuhle Mthembu, and the seven people currently occupying certain senior manager offices, the DA's legal representatives from Minde Schapiro & Smith Attorneys demanded that the city immediately cease what it calls 'the ongoing violation of the Municipal Systems Act' and the municipal regulations on minimum competency levels.
According to the letter, the 'acting arrangements' refer to the current seven acting senior managers, including the city manager, at the city. In chronological order, they are:
The DA's complaint centres on what it describes as the city's ongoing disregard for section 56 of the Systems Act, which outlines clear requirements for the lawful appointment of senior managers in municipalities. The party contends that the city has for years been in violation by failing to comply with Regulation 32(1) of the Local Government: Regulations on Appointment and Conditions of Employment of Senior Managers (2014).
That regulation states: 'A person appointed to act in a senior management position may not act for a period exceeding three months.'
However, the DA argues that certain individuals have been permitted to act in senior roles far beyond this three-month statutory limit without the required permission from the MEC.
The letter read:
The DA says it raised the matter through council structures and attempted oversight engagement, all of which allegedly failed to elicit any response from the administration.
The party now views the city's conduct as 'irrational, unreasonable and inconsistent with the Constitution and the Systems Act'.
'We are instructed to demand, as we hereby do, that the city cease its unlawful conduct by ensuring that all acting appointments of senior managers comply with the three-month rule,' the letter continues.
The DA sets out specific demands in the letter, including that the city must:
End all acting appointments that exceed the three-month period without MEC authorisation;
Cease all current and future appointments that contravene the law;
Provide a written response by Friday.
The DA, which also addressed the letter to the seven individuals currently occupying the senior management positions in their personal capacities, demands that Monyuku, Mucavele, Mushayanyama, Makola, Nkoane, Botes and Nodu confirm in writing by 5pm on Friday, 16 May 2025, that they will no longer make any decisions or act in the positions specified in the council's decision.
The party further demands that the MEC confirm in writing by the same deadline that he will not approve any application by the council for the extension of the above-mentioned acting appointments.
The party urged the mayor, speaker and MEC to correct the process and uphold the principles of good governance.
Failure to do so leaves the party saying it will be left with no option but to consider further legal action – including approaching the courts – if the city and MEC do not act by Friday.
'These types of failures are precisely why we have tabled a motion of no confidence in the executive mayor, Dada Morero,' the party added.
