SACP Central Karoo District welcomes ruling on unlawful suspension of Mr Jackson Penxa

2 November 2022

The SACP Central Karoo District in the Western Cape Province welcomes the ruling made by the Presiding Officer on the unlawful suspension and disciplinary process against Mr. Jackson Penxa, the Municipal Manager of the Beaufort West Municipality.

The Presiding Officer has ruled that Mr. Penxa must be allowed to report for duty on Wednesday, 2 November 2022, and further disciplinary proceedings against Mr. Penxa be ruled as unlawful. The ruling is in terms of sub regulations 12(3)(a) of the Disciplinary Regulations for Senior Managers. Mr. Jackson Penxa has faced a record three suspensions within a period of three months.

The SACP Central Karoo has maintained that the suspension rulings against Mr. Jackson Penxa, Municipal Manager, Mr. Denwin Van Thura, Director Infrastructure Services and Ms. Nomfundo Ntsangani were and still are unlawful, irregular and bordered on corruption.

The SACP Central Karoo calls on Mrs. Thersia Prince, Mayor of the Beaufort West Municipality, to stop being a loyal stooge to unlawful and irregular processes driven by Gayton McKenzie and his selected clique in the PA/KDF/ANC coalition. This clique aims to use the Mayor to advance their unlawful intentions at the municipality and must allow Mr. Penxa and all suspended directors to resume their duties with immediate effect. The mayor must convene Council and terminate the unlawful acting appointments of Mr. Zwelithini Nyathi, Acting Municipal Manager and that of the Acting CFO Mabhena.

Irregular, unlawful awarding of salary increase to Acting Municipal Manager, Zwelithini Nyathi

The SACP Central Karoo has also learnt with shock of the salary increase that the Beaufort West Municipality has awarded to an Acting Municipal Manager, Zwelithini Nyathi. The Beaufort West Municipal Council Meeting, held on 25 October 2022, resolved to award Zwelithini Nyathi a salary increase based on the Local Government: Upper limits of total remuneration packages payable to municipal managers and managers directly accountable to municipal managers, as determined in the Local Government: Municipal Systems Act 32 of 2000.

Zwelithini Nyathi is effectively placed on a midpoint determined salary bracket, thus awarding him a salary package higher than that of the incumbent municipal manager. The determination of upper limits for municipal managers and managers reporting to municipal managers is clear that:

9. (1) The offer of remuneration on appointment to a municipal manager and manager directly accountable to municipal managers will be determined by the competencies, qualifications, experience and knowledge of the candidate considered for appointment.

There are criteria that a municipal council must apply to determine the offer of remuneration on appointment, and the criteria which determines the “midpoint” remuneration of a municipal manager include the following:

  • Relevant qualification.
  • Applicable to persons who have 5 to 10 years' experience as provided in the regulations.
  • Applicable to persons who have acquired advanced competency achievement level as measured against the competency framework.

The above criteria are determined in an interview process and competency test. Mr Zwelithini Nyathi did not undergo any interview process as he was irregularly and unlawfully brought to the Beaufort West Municipality to act as Director in the Community Services Department. He was appointed to act as Municipal Manager within two weeks of his arrival to act in his primary acting posting. This therefore means that, whoever drafted and presented the item advising for this increase has misled Council and has committed a grievous violation of Schedule 2, an offence that calls for an investigation through a disciplinary hearing.

The suspensions of senior managers at the Central Karoo District Municipality The SACP Central Karoo has also been closely monitoring and following the proceedings at the Central Karoo District Municipality, relating to the suspensions of the Municipal Manager, Dr. SW Vatala and the CFO, Mr. Ridwaan Mohamed. We are confident that the same outcome as that of Mr. Jackson Penxa will be concluded at these unlawful, irregular and fraudulent Gayton Mckenzie driven suspension. We are also aware that Gayton Mckenzie and his PA/KDF/ANC clique will want to drive for the dismissal of these dedicated senior officials, even though they have no cases against them, but want to get rid of them, in order to appoint their own unqualified cronies to drive their corrupt plans.

Issued by SACP Central Karoo District

Siyabulela Tom
District Co-ordinator
Mawonga Furmen
District Spokesperson

Source: South African Communist Party