ActionSA Ekurhuleni Caucus Notes ANC Statement on the Illegal Conversion of Fixed-Term Contracts to Permanent
Press Statement by Cllr Xolani Khumalo
ActionSA Ekurhuleni Mayoral Candidate
ActionSA in Ekurhuleni has noted the statement issued by the ANC Ekurhuleni Caucus following the Extraordinary Council Meeting of 21 October 2026. While ActionSA supports a stable and capable administration, we cannot support a resolution that is procedurally flawed, legally indefensible, and clearly timed as an electioneering tool.
Our objections, which we placed on record in Council, are as follows:
Council has overreached its powers: Some of the positions that Council purported to convert to permanent employment are not the responsibility of Council to appoint. In terms of the Local Government: Municipal Systems Act and the Municipal Staff Regulations, 2022, Council is only empowered to appoint the Municipal Manager and Managers directly accountable to the Municipal Manager (Section 56). The appointment of all other managers and staff is the competency of the Municipal Manager as the accounting officer. Council cannot appropriate administrative powers that the law does not give it.
Flawed process and legal risk: Even for positions where Council does have authority, a blanket Council resolution converting fixed-term contracts to permanent employment without individual assessment, performance review, and a competitive process is unlawful. This exposes the city to litigation, irregular expenditure, and adverse findings from the Auditor-General.
Timing and electioneering: The ANC has had years to address institutional stability. To bring this as an urgent matter in an Extraordinary Council Meeting, days before the Local Government Elections, is opportunistic. It is an attempt to secure positions before the end of the term. This is further compounded by the fact that some of the contracts in question still have two to three years remaining until expiry.
Performance and service delivery: At no point did Council assess the performance of the individuals whose contracts are now being made permanent. Ekurhuleni is in a state of service delivery collapse – deteriorating roads, non-collection of refuse, failing wastewater infrastructure, and hijacked and derelict buildings. Residents cannot be asked to reward failure with permanent tenure. Permanent employment must be earned through demonstrable performance and measurable improvement in service delivery, not granted as a political favour while the city continues to fail its residents.
Fiscal irresponsibility: Council has taken this decision without a completed remuneration study, without a costed implementation plan, and without a clear funding model. The six-month implementation period will burden the next Council, after the 2026 elections, with a massive and unfunded wage bill.
ActionSA’s opposition to this resolution is not opposition to workers. The ANC’s attempt to frame it as such is dishonest. We stand for fair labour practices, but permanent appointment must be based on merit, competence, performance and compliance with the law not on political allegiance on the eve of an election.
The ANC-led administration in Ekurhuleni has failed to insource the city’s exploited security guards and cleaners the very frontline workers who keep municipal facilities running, yet it moves with remarkable speed to reward senior officials who preside over the collapse of service delivery in Ekurhuleni.
If the ANC were genuinely concerned about the well-being of workers, it would start with the insourcing and protection of security guards and cleaners, not with securing permanent tenure for failed and unaccountable managers.
We will be writing to the MEC for Cooperative Governance and Traditional Affairs (CoGTA), Public Protector and the Auditor-General to request a review of the legality of this resolution and its financial implications for the city.
Residents of Ekurhuleni deserve a professional public service that serves the public, not a political party desperate to retain control of the administration by irregular means.
ActionSA Ekurhuleni Caucus Notes ANC Statement on the Illegal Conversion of Fixed-Term Contracts to Permanent
ActionSA in Ekurhuleni has noted the statement issued by the ANC Ekurhuleni Caucus following the Extraordinary Council Meeting of 21 October 2026. While ActionSA supports a stable and capable administration, we cannot support a resolution that is procedurally flawed, legally indefensible, and clearly timed as an electioneering tool.
Our objections, which we placed on record in Council, are as follows:
ActionSA’s opposition to this resolution is not opposition to workers. The ANC’s attempt to frame it as such is dishonest. We stand for fair labour practices, but permanent appointment must be based on merit, competence, performance and compliance with the law not on political allegiance on the eve of an election.
The ANC-led administration in Ekurhuleni has failed to insource the city’s exploited security guards and cleaners the very frontline workers who keep municipal facilities running, yet it moves with remarkable speed to reward senior officials who preside over the collapse of service delivery in Ekurhuleni.
If the ANC were genuinely concerned about the well-being of workers, it would start with the insourcing and protection of security guards and cleaners, not with securing permanent tenure for failed and unaccountable managers.
We will be writing to the MEC for Cooperative Governance and Traditional Affairs (CoGTA), Public Protector and the Auditor-General to request a review of the legality of this resolution and its financial implications for the city.
Residents of Ekurhuleni deserve a professional public service that serves the public, not a political party desperate to retain control of the administration by irregular means.