MEC Says No, Port St Johns Council Says Yes.

The Council of the Port St Johns Local Municipality in the Eastern Cape defied Cooperative Governance and Traditional Affairs MEC Zolile Williams' directive not to extend the contract of its acting Municipal Manager Mandisi Ngxekana by giving him three morw months.

Ngxekana, a corporate services manager, already acted in the position for nine months, despite not having the required managerial experience to qualify for the acting Municipal Manager position.

He has already signed off on nine internal and external posts, ranging from task grade 3 to task grade 16, on October 6. The task grade 16 posts in the adverts are managerial posts. The Coastal was reliably informed that Ngxekana has not received an appointment letter for his current acting stint.

This debacle is taking place while the municipality is appealing the reinstatement of its municipal manager Mluleki Fihlani, who was suspended by the municipality in 2024 and reinstated by the Mthatha High Court in July last year.

The Coastal has seen a letter, dated 14 September, from the Cogta MEC to Port St Johns Local Municipality mayor, Cebisa Mazuza.

In the letter, Williams acknowledges receipt of a June 1 letter from Mazuza. The mayor “in essence informs the MEC about the extension of the acting appointment of Mr Ngxekana as the Municipal Manager of Port St Johns Local Municipality”.

The Municipal Systems Act 32 of 2000 allows a council to appoint an acting MM for a period of three months. The act further states that in special circumstances and on good cause shown, a council may apply to the MEC to extend the acting appointment for a further period that does not exceed three months.

“I cannot confirm compliance of the appointment of Mr M Ngxekana as the Acting Municipal Manager of Port St Johns Local Municipality. This is because of the following provisions in the Municipal Systems Amendment Act of 2022; which states that ‘A person appointed as municipal manager or acting municipal manager in terms of subsection (1) must at least have the skills, expertise, competencies and qualifications as prescribed.’

Mr Ngxekana does not possess the requisite five years’ experience in senior management required to act in the position of the municipal manager,” Williams wrote.

The Municipal Public Accounts Committee also did not approve of the appointment and was allegedly bulldozed to go along with the majority vote.

What about Fihlani?

MEC Williams further request a report from the Port St Johns mayor, in terms of Section 106(1)(a) of the Municipal Systems Act 32 of 2000, of the progress in the matter regarding the previous Municipal Manager, Fihlani.

Fihlani was appointed as the accounting officer on December 1, 2023 with his contract set to conclude on November 30, 2027. However, his suspension was extended for eight months until he was dismissed on July 23, 2025.

Disciplinary regulations for senior managers state that (a) If a senior manager is suspended, a disciplinary hearing must commence within three months after the date of suspension, failing which the suspension will automatically lapse and (b) The period of three months referred to in paragraph (a) may not be extended by council.

Speaking exclusively to The Coastal, Fihlani said his problems started when he advised council against appointing a candidate, placed third following an interview process, while the top two candidates were not given an opportunity to accept or decline an employment offer.

"I reported the irregular and unlawful appointment to the Cogta MEC as provided for by section 32(3) and (4) of Municipal Finance Management Act,” he said.

The Mthatha High Court ruled on July 8, 2025, that Fihlani must return to work and slapped the municipality with a cost order.

Asked if the municipality complied with the court order, Fihlani said the order was appealed. His case is also before the Labour Court for review.

Municipal Public Accounts Committee (MPAC) Chairperson, Sivuyile Mavimbela, said he was aware of the letter written by Williams.

He admitted that MPAC was also aware that Ngxekana did not qualify for the acting municipal manager position, adding that his committee members abstained from voting for the appointment but alleged that they were bullied by the majority of the councillors.

“(Ngxekana) has already acted for nine months against legislation that prescribed three months. The municipality has spent over R6 million on legal fees, all irregular expenditure, (to fight against Fihlani).

"But council used a majority vote of councillors and wrote the expenditure off. The current state of the institution is compromised by the co-running of the institution by people discharged with oversight in collaboration with (parties with ulterior motives) and undue patronage especially when it comes to irregular appointments.

"This is done with total disregard of the Auditor General and Treasury cautioning that the municipality is spending over 56% on employee related costs against the maximum base of 40%.

"Even now the incorrectly appointed MM has advertised a bulk of posts. He does not have an appointment letter for the current acting period,” Mavimbela said.

Williams’ spokesperson, Pheelo Olifant did not respond to questions sent on October 7 and a reminder the following day. Mazuza promised to call back around 1pm and had not done so by 3pm.