The UDM is threatening to take Eastern Cape co-operative governance and traditional affairs MEC Zolile Williams and Umzimvubu Local Municipality mayor Zukiswa Ndevu to court unless a controversial resolution taken by the municipality regarding the adoption of an old organogram is reversed as a matter of urgency.
At the centre of the UDM’s gripe is the fact that the resolution will bring back an old organogram, which had six departments, contrary to national regulations which were put in place in 2021.
Before the resolution, the municipality had five departments, in compliance with the national regulations on municipalities that are graded as category B.
The UDM argues that the special programmes unit of the municipality should not be a standalone department but rather under the office of the municipal manager.
In a letter written by his lawyers and served to both Williams and Ndevu, the UDM whip in the Umzimvubu municipality, Mandla Hlanekela, described the resolution as misdirected and unlawful.
He claimed the Umzimvubu council had adopted the old organogram of the municipality by disregarding the law during a council meeting on October 30.
The matter reportedly had to go for a vote, with the majority of the ANC councillors voting in favour of the resolution while the four councillors from opposition parties in council voted against.
Three ANC councillors abstained from voting.
“The adoption did not follow the regulatory processes provided for in the 2021 regulations, neither was substantive justification placed before council.
“The process followed is legally flawed, as it was in breach of the municipal council’s standing rules regulating rescissions [in this matter, a resolution to adopt a prototype organogram complying with the 2021 regulation].”
Hlanekela accused the council of overstepping its powers.
As per the regulations, it was required to only have five departments.
However, the old organogram reinstated an additional department, a clear violation of the regulations.
He said the department in question, the special programmes unit department, had been phased out after 2021.
“For the SPU [special programmes unit] to be legally constituted, it must be a unit within the office of the municipal manager and not a standalone department.
“Therefore, the resolution [to adopt the old organogram] is premised on the misdirection of the laws applicable,” the letter stated.
Hlanekela warned failure to reverse the decision would see the UDM approach the court to seek relief.
When contacted on Thursday, he described the resolution as an attempt to entrench cadre deployment in Umzimvubu.
“Now they want to put some people in municipal positions by creating this extra department.
“We are a municipality that is dependent on conditional grants from the government.
“Should this go ahead, we fear it might lead to an audit query from the auditor-general.
“If we are to spend more money on salaries, then it means service delivery will not happen at all.
“People are already complaining of poor service delivery here,” he said.
Questions were sent to Williams’ spokesperson Pheello Oliphant on Thursday, but he had not responded by time of publication.
Ndevu confirmed receipt of Hlanekela’s letter from his legal representatives.
But she said the matter had been referred to the municipality’s attorneys.
“Therefore it is sub judice and the necessary legal processes must be allowed to unfold,” she said.
Daily Dispatch
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