The following response is based on information received from the KwaZulu-Natal Provincial Department of Cooperative Governance and Traditional Affairs:
1. Ms. Gabi Gumbi- Masilela was not seconded by Cogta KZN. She was appointed by Umngeni Local Municipality as an Acting Municipal Manager for an initial period of three months. Ms Gabi Gumbi-Masilela is not an employee of Cogta KZN.
2. The MEC responsible for local government in the KwaZulu-Natal Province is currently assessing whether Ms. Gabi Gumbi- Masilela meets the minimum competency requirements for the position of municipal manager.
3. The assessment in (2) above includes whether Ms Gabi Gumbi-Masilela meets the minimum academic and work related experience requirements (b) within 28 days of her appointment as Acting Municipal Manager. As far as could be ascertained, Ms Gabi Gumbi-Masilela resigned her position from the MDB.
4. Yes.
Appointment of municipal managers and managers directly accountable to municipal managers
Municipal councils are required in terms of section 54A and 56(4A)(a) of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) (“Systems Act”) to inform the MEC for local government about the appointment process and outcome of municipal managers and managers directly accountable to a municipal managers within 14 days of the date of appointment as prescribed. The Systems Act further obliges the MEC to submit the information referred to herein to the Minister within 14 days from the date of receipt of the report thereof.
Regulation 17(4) of the Regulation on Appointment and Conditions of Employment of Senior Managers (the “Regulations”) prescribes a written report regarding the appointment process and outcome which must be submitted to the MEC by the municipality. The report referred to herein must contain the following:
Secondment of municipal managers
Section 54A(6) of the Systems Act provides that municipal council may request the MEC for local government to second a suitable person, on such conditions as prescribed, to act in the advertised position until such time as a suitable candidate has been appointed. The section also permits the municipal council to request the Minister to second a suitable person, on such conditions as prescribed, until such time as a suitable candidate has been appointed if the MEC for local government has not seconded a suitable person within a period of 60 days after receipt of the request.
In terms of Regulation 20, a person seconded by the MEC or the Minister must report monthly to the MEC or the Minister on the following: