AGE OF ACCOUNTABLITY: Criminal charges ‘don’t automatically force municipal managers to step aside’
The Department of Cooperative Governance and Traditional Affairs says councils can take action against municipal managers facing criminal charges, but there is no automatic requirement for them to step aside – a position that has particular relevance to suspended Nelson Mandela Bay City Manager Noxolo Nqwazi.
Criminal charges do not automatically require municipal managers to step aside from their posts, according to the Department of Cooperative Governance and Traditional Affairs. Minister Velenkosini Hlabisa made this clear during a response to a parliamentary question from DA MP Marina van Zyl. The matter is particularly relevant to Nelson Mandela Bay City Manager Noxolo Nqwazi, who is currently facing criminal charges linked to a Covid-19 toilet tender.
Hlabisa emphasized that the presumption of innocence must be respected and that criminal charges alone do not terminate an employment relationship. Municipal councils must consider various factors, such as the seriousness of the allegations, the alleged conduct's link to the manager's official responsibilities, and the risk of interference with municipal records or investigations when deciding whether to take action against a municipal manager facing criminal charges.
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