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Controversy Surrounds Acting City Manager Appointment in Johannesburg

The Democratic Alliance (DA) in Gauteng has raised concerns over the appointment of Tshepo Makola as Johannesburg’s acting city manager, claiming it was done without adhering to proper legal procedures. Makola assumed the role on 27 December 2024, despite the Johannesburg council only approving his appointment on 17 January 2025.
This comes in the wake of the Gauteng High Court’s ruling that the previous city manager, Floyd Brink, was unlawfully reappointed.
According to DA caucus leader Belinda Kayser, the appointment violates the Municipal Systems Act, which mandates council approval for the appointment of a city manager or acting city manager.
“Makola has been illegally acting in the role from 27 December 2024 until this was approved by council,” said Kayser.
Kayser criticized the coalition of ANC, ActionSA, and EFF for allegedly bypassing the law, arguing that historical delegations cited to justify the appointment cannot override national legislation.
The council’s vote saw 139 councillors approve Makola’s appointment, while 60 opposed, 41 abstained, and two did not vote. Despite supporting the need for a city manager, ActionSA expressed concerns over the process.
“ActionSA believes the appointment of the city’s accounting officer must be free from legal loopholes or public scrutiny,” said Zark Lebatlang, ActionSA caucus chief whip.
ActionSA abstained from the vote, citing the exclusion of critical recommendations in the report presented to council.
Floyd Brink, initially appointed in February 2023, was dismissed in November after a court ruled his appointment unconstitutional. Attempts to appeal the decision failed, and he was reappointed on 29 November. However, the DA successfully challenged this reappointment in court, leading to the appointment of an acting city manager.
The court ordered Brink to step down within 10 days or as soon as an acting manager was in place.
Makola, previously the city’s Chief Operations Officer, will serve as acting city manager for three months while a recruitment process is underway. However, the controversy surrounding his appointment raises questions about governance and adherence to legal protocols within Johannesburg’s leadership.
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