DA threatens City of Joburg with court action over prolonged acting municipal executive posts

DA Johannesburg caucus leader Belinda Kayser-Echeozonjoku said the party has urged Mayor Dada Morero, Speaker Nobuhle Mthembu and Gauteng Cooperative Governance and Traditional Affairs (CoGTA) MEC Jacob Mamabolo to correct the allegedly unlawful extension of municipal executives’ acting appointments.

The party warned that if the city and MEC failed to act by Friday, 16 May 2025, it would take the matter to court. The DA said it had served the City of Johannesburg with legal papers demanding an end to what they called the ongoing violation of governance laws related to acting appointments in senior municipal positions.

The party contends that under law, acting appointments are strictly limited to three months, extendable only once by the MEC under exceptional circumstances. The party further contends that no such justification exists for these appointments.

“Despite the DA raising concerns in council, a resolution was passed on 8 May 2025 that attempts to retroactively approve and extend the acting terms of seven senior officials — including the acting city manager,” Kayser-Echeozonjoku said.

Read more: They play politics. Joburg pays the price.

The seven managerial appointments under scrutiny are listed as follows:

• Acting Group Head: Group Communication and Marketing, Peter Monyuku, who was initially appointed to this acting position on 24 July 2024;


• Acting HoD: Public Safety, Andries Mucavele, who was initially appointed to this acting position on 1 August 2024;


• Acting Executive Head: Social Development, Dr Tinashe Mushayanyama, who was initially appointed to this acting position on 3 November 2024;


• Acting City Manager, Tshepo Makola, who was initially appointed to this acting position on 27 December 2024;


• Acting Executive Director Human Settlements (JDA), Oupa Nkoane, who was initially appointed to this acting position on 7 January 2025;


• Acting Chief Operations Officer, Helen Botes, who was initially appointed to this acting position on 20 January 2025;


• Acting Executive Head: Office of the City Manager, Siyabonga Nodu, who was initially appointed to this acting position on 12 February 2025.

The DA has called on all affected officials to immediately step down from their positions unless a lawful appointment process is undertaken.

“The DA demands that the MEC formally reject any attempt by council to extend these expired acting roles,” Kaize-Echeozonjoku said.

“Accordingly, council does not have the power to ‘approve’ or ‘ratify’ acting roles. Council’s power is limited to appointing an acting city manager or senior manager for three months. If that three-month acting term expires, and the appointed person purports to act as city manager or senior manager, then council cannot extend, ratify, or approve that purported acting,” the DA asserted through its lawyers.

“The MEC is not empowered to extend an acting position at all after the expiry of an acting stint. But he is certainly not empowered to extend an acting stint three months after the acting stint ends, such as to “retrospectively” extend an acting stint,” the DA lawyers’ letter further reads.

“These types of failures are precisely why we have tabled a motion of no confidence in the Executive Mayor Dada Morero,” Kaizer-Echeozonjoku said.

Read more: Joburg — a city losing hope, a mayor without a plan

The South African Municipal Workers’ Union (Samwu) said the legal framework left no room for ambiguity – the law was clear on this.

Samwu deputy regional chairperson Lebogang Ndawo said, “Legislation stipulates how long a person must act in a position. We do not understand why these posts have not been made permanent.”

“It’s correct that the posts have now expired, that is why I am saying that the law clearly spells out that one cannot be in an acting position indefinitely,” Ndawo said.

“They must fill these positions immediately because the acting status frustrates stability in the metro. There is no stability and no authority, and as a result, those individuals in those positions will never fully discharge their responsibilities on an acting basis.”

City explains

Daily Maverick asked the City of Johannesburg why the acting posts had been extended for longer than three months. City spokesperson Nthatisi Modingoane responded:

“The acting appointments have required an extension of a further three months (after lapse of [the] initial three-month period) for several reasons, including:

• “The recruitment process for the vacant position has not concluded.


• “Pending litigation (interdict) against an appointment, requiring an acting arrangement until the litigation is concluded.


• “Recruitment process concluding but does not deliver a suitable candidate, necessitating recommencement of the recruitment process.


• “Operational requirements demanding a review of the position.”

Modingoane said the acting arrangements were instituted to enable business and operational continuity in the city.

“The vacant positions are permanent employment positions; therefore, the current and pending recruitment process will lead to permanent employment appointment,” he said. DM