ActionSA Emakhazeni is calling for an independent investigation into the appointment of Mr S.C. Nkosi as Senior Manager: Community Services at Emakhazeni Local Municipality, following questions raised by the municipality’s own recruitment documentation.
The documents in our possession indicate that the advertised position required a Bachelor’s degree in Social Sciences, Public Administration, Law or an equivalent qualification, as well as a minimum of five years’ middle-management experience.
The same recruitment documents record Mr Nkosi’s qualifications as a BSc in Mining and Environmental Geology and a Postgraduate Diploma in Public Management. More significantly, the qualification analysis in the recruitment bundle describes his qualification as “NOT RELEVANT / NOT CLOSEST” to the prescribed qualification for the position. Other shortlisted candidates with LLB qualifications were recorded as having relevant or closer qualifications.
Despite this, Mr Nkosi was recommended for appointment after receiving the highest interview score in the supplied matrix, 94/120, and being found competent in the competency assessment.
The recruitment bundle also refers to Council Resolution 57/01/2024, but the complete resolution and its underlying annexures are not included in the material available to us. This raises a legitimate question about what information was placed before Council and what informed the final decision.
Mr Nkosi is now also serving as Acting Municipal Manager. We therefore believe the relevant authorities must independently verify whether the applicable statutory requirements and time limits governing that appointment have been complied with.
ActionSA is not alleging as an established fact that Mr Nkosi, councillors or municipal officials committed corruption, nepotism or any other criminal offence. Those are serious allegations that require evidence. Our concern is whether the recruitment and appointment processes complied with the law and whether all relevant requirements were properly considered.
Recent South African court judgments have demonstrated that compliance with the statutory framework governing senior municipal appointments is subject to scrutiny. Neither Charles Maruping Phuti v Gamagara Local Municipality and Others [2026] ZANCHC 4 nor MEC for Local Government, Environmental Affairs and Development Planning, Western Cape v Knysna Municipality and Others [2024] ZAWCHC 167 determines the Emakhazeni matter, but they underscore the importance of compliance with the applicable appointment framework.
ActionSA is calling on the Mpumalanga MEC responsible for Cooperative Governance and Traditional Affairs, national CoGTA, the Public Protector and, where appropriate, the Auditor-General to independently examine the matter within their respective mandates. Where evidence points to a possible criminal offence, the appropriate law-enforcement authorities should investigate.
We are also calling on Emakhazeni Local Municipality to preserve the complete recruitment and Council records and make the relevant decision-making information available to the competent oversight institutions.
The people of Emakhazeni deserve confidence that senior municipal officials are appointed through a lawful, transparent and competency-based process. If the appointment was lawful, an independent investigation should establish that. If it was not, the appropriate authorities must take the necessary steps.
ActionSA will submit formal requests to the relevant institutions. The law must be applied, the evidence must be tested and the people of Emakhazeni deserve a credible answer.
ActionSA Questions Legality of Mr S.C Nkosi’s Appointment at Emakhazeni: Calls for Independent Investigation
ActionSA Emakhazeni is calling for an independent investigation into the appointment of Mr S.C. Nkosi as Senior Manager: Community Services at Emakhazeni Local Municipality, following questions raised by the municipality’s own recruitment documentation.
The documents in our possession indicate that the advertised position required a Bachelor’s degree in Social Sciences, Public Administration, Law or an equivalent qualification, as well as a minimum of five years’ middle-management experience.
The same recruitment documents record Mr Nkosi’s qualifications as a BSc in Mining and Environmental Geology and a Postgraduate Diploma in Public Management. More significantly, the qualification analysis in the recruitment bundle describes his qualification as “NOT RELEVANT / NOT CLOSEST” to the prescribed qualification for the position. Other shortlisted candidates with LLB qualifications were recorded as having relevant or closer qualifications.
Despite this, Mr Nkosi was recommended for appointment after receiving the highest interview score in the supplied matrix, 94/120, and being found competent in the competency assessment.
The recruitment bundle also refers to Council Resolution 57/01/2024, but the complete resolution and its underlying annexures are not included in the material available to us. This raises a legitimate question about what information was placed before Council and what informed the final decision.
Mr Nkosi is now also serving as Acting Municipal Manager. We therefore believe the relevant authorities must independently verify whether the applicable statutory requirements and time limits governing that appointment have been complied with.
ActionSA is not alleging as an established fact that Mr Nkosi, councillors or municipal officials committed corruption, nepotism or any other criminal offence. Those are serious allegations that require evidence. Our concern is whether the recruitment and appointment processes complied with the law and whether all relevant requirements were properly considered.
Recent South African court judgments have demonstrated that compliance with the statutory framework governing senior municipal appointments is subject to scrutiny. Neither Charles Maruping Phuti v Gamagara Local Municipality and Others [2026] ZANCHC 4 nor MEC for Local Government, Environmental Affairs and Development Planning, Western Cape v Knysna Municipality and Others [2024] ZAWCHC 167 determines the Emakhazeni matter, but they underscore the importance of compliance with the applicable appointment framework.
ActionSA is calling on the Mpumalanga MEC responsible for Cooperative Governance and Traditional Affairs, national CoGTA, the Public Protector and, where appropriate, the Auditor-General to independently examine the matter within their respective mandates. Where evidence points to a possible criminal offence, the appropriate law-enforcement authorities should investigate.
We are also calling on Emakhazeni Local Municipality to preserve the complete recruitment and Council records and make the relevant decision-making information available to the competent oversight institutions.
The people of Emakhazeni deserve confidence that senior municipal officials are appointed through a lawful, transparent and competency-based process. If the appointment was lawful, an independent investigation should establish that. If it was not, the appropriate authorities must take the necessary steps.
ActionSA will submit formal requests to the relevant institutions. The law must be applied, the evidence must be tested and the people of Emakhazeni deserve a credible answer.