AGE OF ACCOUNTABLITY: Criminal charges ‘don’t automatically force municipal managers to step aside’

Criminal charges alone do not force a municipal manager to step aside, Cooperative Governance and Traditional Affairs Minister Velenkosini Hlabisa has told Parliament. His response has direct relevance to Nelson Mandela Bay, where suspended City Manager Noxolo Nqwazi faces criminal charges linked to a controversial R24.6 million COVID-19 toilet tender.

Hlabisa was answering a written question from Democratic Alliance MP Marina van Zyl, who asked whether municipal managers should remain in office while their cases move through the courts. He said the institution of criminal proceedings did not, by itself, disqualify an official from continuing to serve.

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The presumption of innocence must be respected

“The presumption of innocence must be respected,” Hlabisa said. He added that criminal charges alone did not automatically end an employment relationship, while stressing that he did not condone corruption, misconduct or conduct that undermined ethical administration, good governance or public confidence in municipalities.

The minister also made clear that councils do not have to wait for criminal proceedings to conclude before taking action. They must consider whether the conduct behind the charges could amount to misconduct under the Municipal Systems Act, the applicable code of conduct, an employment contract or other employment obligations.

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As the minister, I do not condone corruption, misconduct or any conduct that undermines ethical administration, good governance or public confidence in municipalities.

Relevant factors include the seriousness of the allegations, their connection to the manager’s official duties, the risk of interference with records, witnesses or investigations, and whether the official can continue performing the job. Councils must also weigh service-delivery needs and public confidence. Depending on the circumstances, they may start disciplinary proceedings and adopt lawful precautionary measures while the allegations are investigated or adjudicated, but those measures cannot replace a finding of guilt.

The issue has become especially acute in Nelson Mandela Bay, which has experienced a prolonged leadership crisis and a succession of acting city managers during Nqwazi’s absence. In August, the DA also laid criminal charges against managers in several municipalities, including Makana and Sundays River Valley in the Eastern Cape.

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Depending on the facts and circumstances of the particular matter, the municipal council may institute disciplinary proceedings and, where lawfully justified, adopt appropriate precautionary measures while the allegations are under investigation or adjudication.