Rejected By MEC, Appointed By A Defiant Municipality

The appointment of Dr AB Xuma Local Municipality’s Director of Community Services and former Communications Officer Lusizo Ntshinka, has come under scrutiny after the Eastern Cape MEC for Cooperative Governance and Traditional Affairs, Zolile Williams, did not support his recruitment from the onset.

MEC Williams based his objection on the fact that Ntshinka did not meet the minimum academic qualification requirements for the position.

A report, tabled in council on 22 October supported by correspondence from the MEC, reveals that Ntshinka assumed duties on 1 July 2025 despite the department’s decision not to confirm his appointment.

The report warns that the salary and benefits paid to the director, since he took office could be classified as irregular expenditure, although the final financial implications would depend on the applicable legal and municipal processes.

The matter has also raised questions about how the MEC’s initial rejection, communicated in July 2025, was handled by the municipality and why the mayor reportedly received the correspondence only earlier this month.

According to the council report, the Ngcobo-based municipality advertised the vacant post nationally and provincially after the council declared the position vacant on 12 December 2024.

Ten applications were received; four candidates were shortlisted and three attended interviews on 26 June 2025. The selection panel recommended Ntshinka, whose appointment was subsequently approved by council on 30 June 2025.

Council also authorised the municipal manager to submit the appointment to the MEC for concurrence. However, in a letter dated 25 July 2025, Williams informed the municipality that he could not confirm the appointment because Ntshinka did not meet the minimum academic qualifications prescribed by the regulations governing the appointment and employment conditions of senior managers in local government.

The council report states that the letter was emailed to Municipal Manager Khathu Mulaudzi and Mayor Siyabulela Zangqa. It further alleges that Mulaudzi received the communication at the correct email address but failed to bring it to the mayor’s attention. The report also refers to an incorrectly captured email address in the communication process.

The mayor reportedly received follow-up correspondence from the MEC on 12 October, more than a year after the initial decision. In the follow-up letter, Williams expressed concern that the municipality made the appointment despite the department’s earlier communication.

“The department noted that the municipality went ahead and appointed Ntshinka as the Director: Community Services in defiance of the correspondence sent to you, advising I do not confirm the employment of Mr L. Ntshinka as the Director: Community Services,” the letter states.

The MEC has urged the council to rectify the appointment and provide details of the corrective steps it intends to take within seven days. The letter also warns that the department will take steps in response to the alleged non-compliance with the recruitment process.

The council is being asked to note both the MEC’s initial non-confirmation and the subsequent demand for corrective action.

The report cites the Municipal Systems Act 32 of 2000, the Municipal Systems Amendment Act 3 of 2022 and the regulations governing the appointment and conditions of employment of senior managers as the legislative framework for the matter.

According to the report, the potential financial implications extend beyond the appointment itself. If the expenditure is formally found to be irregular, the municipality may have to address the matter through the applicable financial management and accountability procedures.

The report does not establish that a final determination of irregular expenditure has already been made.

Municipal Manager suspended

Meanwhile, Dr AB Xuma Local Municipality Mayor Siyabulela Zangqa, suspended Municipal Manager Khathu Mulaudzi for reasons unrelated to the correspondence bungle.

Mulaudzi's suspension came after the residents of Ngcobo brought the town to a standstill in August during protracted service delivery protests. This led to a council decision to put the Municipal Manager on precautionary suspension pending an investigation.

Questions sent to Municipal Spokesperson Zintle Bobelo and Pheello Oliphant, Spokesperson for MEC Williams, remain unanswered.