The administrators who are in control of the Tshwane Metro Council's goal to appoint a city manager by the end of this month is most probably unlawful.
The administrators, under the lead of Mpho Nawa, were appointed by the Gauteng provincial government.
The Constitution does not make provision for administrators to appoint a city manager. The current administration order was given in terms of Section 139(c) of the Constitution with the aim of restoring the short-term stability in the council, but not to take over the council's role. Only a municipal council has the power to appoint a city manager.
It appears as if the administrators are overstepping the boundaries of the constitutional framework on purpose by firstly, approving a budget and now secondly, attempting to appoint a city manager while both of these decision fall only within the power of a municipal council.
The damage that this appointment could do to the Metro is far-reaching and it could result in unlawful decisions, applications that have to be revised and costly labour disputes.
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