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‘You are above 65 years of age, which precluded you from acting as Municipal Manager. This too compounds problems associated with your authority to be in the position of acting Municipal Manager, let alone to call the special council meeting.’ – Nongoma Council speaker, Babongile Happiness Sithole.

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Sizwe sama Yende

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KwaZulu-Natal Co-operative Governance and Traditional Affairs MEC, Thulasizwe Buthelezi, has been accused of appointing his ‘friend’ to act as municipal manager despite being over the age of 65.

Buthelezi appointed retiree Mpumelelo Mnguni (67) to act as manager of Nongoma Local Municipality in December 2024.

This matter has been raised sharply by Nongoma council speaker, Babongile Happiness Sithole, who has questioned Mnguni’s standing in bringing a motion to remove her and Mayor Clifford Ndabandaba from their positions.

The motion was scheduled for July 4, but Sithole refused to call a special council meeting because of “defects to be cured from the notice” before further processing.

Sithole told Mnguni in writing that the notice had to be withdrawn.

“Your appointment to act as Municipal manager was from 23 December 2024 and therefore expired on or about 22 March 2025. Your appointment has not been extended. Therefore, everything you have done beyond March 2025, including this notice of special council meeting, is unlawful owing to your lack of authority to do so,” she wrote.

“Thirdly,” Sithole continued, “the executive has repeatedly told you, you are not permitted by law to be employed as acting Municipal Manager because you are now above the legal age. You are above 65 years of age, which precluded you from acting as Municipal Manager. This too compounds problems associated with your authority to be in the position of acting Municipal Manager, let alone to call the special council meeting.”

Sithole demanded that Mnguni withdraw the notice of motion or face litigation. Mnguni was previously a manager of Uthukela District Municipal and retired due to age until Buthelezi was appointed MEC and appointed him administrator of Mtubatuba.

The motion was supported by 23 councillors who raised a concern that Ndabandaba and Sithole were still at work despite facing criminal charges of corruption, financial misconduct, and embezzlement of municipal funds.

Ndabandaba allegedly accepted gratification of about R210 000 from service providers, while Sithole allegedly received about R300 000.

Ndabandaba had also asked Buthelezi’s department to foot Mnguni’s salary after the council took such a resolution due to its financial constraints.

Mnguni’s questionable employment has stalled the process to remove the duo to deal with their criminal cases.

Buthelezi’s spokesperson, Senzo Mzila, did not respond to written questions sent to him on July 2.

Sources indicated that Buthelezi was applying double standards in Nongoma Local Municipality’s case as he had previously been strict on other municipalities on the retirement age issue.

On March 27 2025, Buthelezi wrote to Umdoni Local Municipality mayor Mbali Cele-Luthuli, after the appointment of community services general manager, to ensure that the appointment letter and contract reflected retirement age.

“Ensure that the appointment letter and the employment contract reflect the automatic termination of service at age 65 in line with item 41(1) of the Local Government: Regulations on Appointment and Conditions of Employment for Senior Managers, 2014.”