The DA has launched legal proceedings against the City of Johannesburg, accusing it of violating governance laws by unlawfully extending acting appointments for seven senior posts including that of the city manager.
This follows a council resolution passed on May 8, which sought to retroactively approve and extend the acting terms beyond the legally permitted three-month period.
They cited Peter Monyuku, who is the acting group communications and marketing, Andries Mucavele (head of public safety, Dr Tinashe Mushayanyama (executive head at social development), Tshepo Makola (city manager), Oupa Nkoane (executive head at human settlements), Helen Botes (chief operations officer) and Siyabonga Nodu (executive in the office of the city manager).
DA caucus leader Belinda Kayser-Echeozonjoku said the appointments are unconstitutional and has called on the MEC for co-operative governance and traditional affairs, Jacob Mamabolo, to intervene.
“The DA is calling on all affected officials to immediately step down from their positions unless a lawful appointment process is undertaken. The DA demands that the MEC formally reject any attempt by the council to extend these expired acting roles.
“Under existing legislation, acting appointments can only last for three months unless extended once by the MEC under exceptional circumstances. No such justification exists in this case, and any continued occupation of these posts is both unlawful and unconstitutional,” said Kayser-Echeozonjoku.
In a formal letter of demand, the DA argued that the city’s resolution is “unlawful and inconsistent with the constitution.”
The letter, addressed to Mamabolo, mayor Dada Morero, and speaker Nobuhle Mthembu, lists the names of the acting officials, some of whom have been in their roles since July 2024.
“These acting appointments have already expired, and the city has no legal power to ratify or extend them. Council may only appoint acting managers for three months. After that, only the MEC may grant a one-time extension under exceptional circumstances, none of which apply here,” she said.
The party is demanding that all seven individuals step down and that the MEC refuse any retrospective extension by Friday, May 16.
This legal standoff comes just days after the DA tabled a motion of no confidence in Morero, mere hours before his state of the city address.
“We urge the mayor, speaker, and MEC to correct the process and uphold good governance. If no action is taken, we will consider court proceedings to defend the rule of law,” said Kayser-Echeozonjoku.
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