Councillors, stay out of it! This was the message as angry union members picketed outside the City Hall on Friday.
Councillors, stay out of it! This was the message as angry union members picketed outside the City Hall on Friday.
The South African Municipal Workers and Independent Municipal and Allied unions were protesting against the inclusion of councillors in the process of appointing staff – an issue brought sharply into focus during recent interviews for the crucial post of human resources manager.
Urging councillors to refrain from "corrupt practices", and claiming their presence on staff selection panels opened the door to nepotism, the unions addressed a petition to Makana Mayor, Vumile Lwana, demanding that the municipality amend the current policy and prevent councillors from interviewing and selecting ordinary staff members, saying they "contaminated" the process by their involvement.
The origins of Friday's protest go back to 17 September, when the Mayoral Committee approved an amendment to municipal policy that brought councillors, formerly excluded from the staff appointment process, back on to the selection panel.
As part of the briefing for a later debate on this amendment, at a Special Council meeting on Friday 5 November, the committee heard a legal opinion from Gray Moodliar Attorneys. "Section 55(1)(e) of the System Act plainly and unequivocally entrusts this responsibility to the Municipal Manager," the opinion read.
It went on to quote the Act's Section 55: "As head of administration the Municipal Manager of a Municipality is, subject to the policy directions of the municipal council, responsible and accountable for – (e) the appointment of staff other than those referred to in section 56(a) subject to the Employment Equity Act, 1998 (Act No. 55 of 1998)."
At the 5 November meeting, the Mayoral Committee confirmed the amendment – but the unions say it's against the law. Samwu Secretary Lindelwa Faltein told Grocott's Mail that the changes in the recruitment policy went against the Municipal Systems Act and Samwu chairperson, Wandile Bikitsha claimed that, in the latest job interviews, the council was taking the law into their own hands.
On Wednesday, 1 December, after the shortlisting of candidates for the post of Human Resources Manager, the unions had put in an objection about the process. "The Municipal Manager responded on [Wednesday], 08 December saying there was nothing she could do and they had continued with the interviews," Bikitsha said, insisting that the shortlisting and the present interviews should be recorded as void until their demands were met.
"As we speak now, they are conducting the interviews, so we see that as not taking us, the unions seriously," Faltein said. Imatu Shop steward Landiwe Mantla said, "We will definitely submit a letter about this to Local Government and Traditional Affairs MEC Mlibo Qoboshiyana by Monday." She said there was legal opinion stating that under Section 55 of the Municipal Systems Act, the Municipal Manager was squarely responsible and accountable for the appointment of below Section 57 employees. Councillors played only an oversight role.
Because of the protests, interviews on Friday for the post of Human Resources Manager were held at a private venue.
