The conversion of the fixed-term contracts of 130 workers to permanent staff bears the hallmarks of opportunism on the side of the ANC, acting Joburg municipal manager Melusi Mlandu says in papers filed in the Labour Court.
In a responding affidavit to the urgent court application brought by disgruntled former city workers, Mlandu said conversion of the contracts was done without council approval in October 2021.
In February, council, led by the DA coalition, took a decision to reverse an October 2021 resolution that converted fixed-term contracts of the workers, making them permanent staff members.
The DA-led multiparty coalition said the decision taken by the previous administration was unlawful and the conversion of contracts was irregular.
The 130 workers have now taken the municipality to court alongside the SA Municipal Worker's Union on an urgent basis in a bid to interdict the city from advertising their positions.
Both applications have been consolidated and will appear concurrently at the Labour Court in Braamfontein.
Lawyers representing the City's workers who had been fired argued notices given to the employees had several procedural defects.
Mlandu argued it was the city’s case that the conversion of the contracts was unlawful, irregular and invalid.
"The conversion bears the hallmarks of opportunism in the manner in which it was concluded without debate and resolution by the main executive authority of the city, the council.
"[The conversion] was performed for an ulterior motive which was to hinder or hamstring any subsequent administration by having in place a cadre of staff in political offices not aligned to the new political officials," he said.
Mlandu said the decision to convert the employment status of the employees was taken by the mayor and mayoral committee which did not have the delegated authority to do so.
He said that power rests with council.
“In 2012 the council delegated the powers it had under section 66(1)(a) of the MSA [Municipal Structures Act] to approve the staff establishment – organogram or list of jobs – developed by the city manager to the mayor.
“The said delegated power was to be exercised by the executive mayor subject to council approval of a policy framework.
“It must be noted that in both the staff establishment and organisational review framework, the council did not delegate any power to appoint employees, nor set the terms and conditions of employment. In particular, it did not delegate any power to amend the contracts by changing them from fixed to indefinite or permanent.
“The assertion that the power to convert the contracts was delegated to the mayor is therefore incorrect," he said.
Mlandu argued that even if he was wrong and the mayoral committee had the delegated power to appoint, it should have been done within the talent acquisition policy framework.
“The framework reflects an acknowledgment that employees engaged in political offices or employed in these offices to assist political office bearers have the full-term contracts linked to the political term of office of the office bearers," Mlandu wrote.
The matter will be heard on Thursday.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.