Municipal boss placed on leave over refusal to sign contract

CAPE TOWN - Beaufort West municipal manager Jackson Penxa has been placed on special leave for seven days effective on Monday, for allegedly disobeying a direct order from Mayor Gideon Pietersen to sign the contract for an acting director for community services.

This after Local Government MEC Anton Bredell expressed concern over the appointment of senior managers in the embattled municipality in the Central Karoo, saying they had “severe financial challenges” to deal with.

Council had earlier this month resolved to appoint acting director of Community Services, Zwelithini Nyathi, for a period of three months.

In response to the appointment, Bredell voiced his concerns to Pietersen.

“The Beaufort West Municipal Council has resolved to appoint an acting director: Community Services who is not in the employ of the municipality, in circumstances where the municipality does not have the available budgeted funds.

“Such an appointment places further financial strain on the municipality during a time when its ability to pay salaries, meet third party commitments, fund its service delivery operations and meet its executive obligations are already jeopardised,” Bredell said.

In terms of the disciplinary steps against Penxa, Bredell advised that the municipality must comply with the provisions and timeframes set out in the applicable regulations.

“Further, to the extent that there may be a breakdown in the relationship between your office and the municipal manager, I urge the municipality to ensure that administrative stability is maintained.”

Bredell said on Sunday the mayor or any politician “should not be directly involved with the appointment of officials”.

According to the municipality, Penxa was “nowhere to be found” to welcome Nyathi and sign his contract on the day he was expected to start in the position.

However, sources close to Penxa said he had refused to sign the contract as recruitment and selection processes were allegedly not followed and Penxa’s proposal of appointing an internal senior manager to save costs, “ignored’.

Penxa said he will not be commenting at this stage.

The municipality’s Speaker, Noel Constable, said Nyathi’s appointment was temporary.

“It can't be illegal because it is only a temporary appointment. Only for a five year contract one needs to follow the regulations as prescribed in the Municipal Systems Act. Whoever claims that it is illegal must read the act,” he said.

He said it was resolved to put Penxa on special leave for seven days within which period he must respond to allegations, including failure to implement Council resolutions and writing false statements to the Provincial Departments and the National Departments.

“The department which Mr Nyathi is in, is a mess and the council had to appoint someone who can turn it around.

“We are acting in the best interests of the municipality and the community of Beaufort West,“ said Constable.

Community activist Brian Jooste said the situation in the municipality has gone from “bad to worse”.

“As the community we suffered a lot from the last coalition and now the PA, KDF and ANC have entered into a coalition. The PA is currently the kingmaker. But things went from bad to worse since they took over. It seems like they are more interested in power than working for the people,” he claimed.

PA provincial chairperson, Truman Prince, refuted the claims.

“The PA went into an agreement with the ANC on the condition that service delivery will be enhanced, our leaders will agree that the people will be the bosses. To date only three meetings were held, of which pertinent service delivery issues were addressed,” he said.

ANC head of communications, Sifiso Mtsweni, said Penxa was also put on special leave because he had “refused” an instruction to return back from leave.

Cape Times