What began as a legal letter from attorney Leslie Sedibe has evolved into a political and administrative storm in the City of Ekurhuleni.

The controversy centres on Phakamile Mbengashe's appointment as the Head of Department (HOD) for Communications, Marketing, and Tourism—a position reserved for qualified, experienced professionals under strict legislative oversight.

It started quietly in March 2025 when veteran government communicator Nhlanhla Gobs Cebekhulu noticed something wasn’t right.

Despite holding a Master’s degree and an Honours qualification and boasting nearly three decades of public service experience, he hadn’t even been shortlisted for the HOD position. Rumours began to circulate that the appointment process had been rushed and that the winning candidate, Mbengashe, may not meet the minimum statutory requirements for the role.

Upon further investigation, the real bombshell dropped: Mbengashe had a Master’s degree from a foreign institution but no recognised undergraduate (Bachelor’s) qualification — an essential component of the National Qualifications Framework (NQF) level 7, which is the minimum requirement for such posts in South Africa.

Without a bachelor's degree, it became questionable whether his master's degree should have qualified him for the job at all, particularly in the absence of verified SAQA (South African Qualifications Authority) equivalency.

Attorney Leslie Sedibe, acting on behalf of Cebekhulu, wrote urgently to the MEC for Cooperative Governance and Traditional Affairs, Jacob Mamabolo, outlining multiple violations. These included failure to follow fair and transparent procedures, contraventions of the Local Government: Municipal Systems Act, and the premature confirmation of the appointment despite a pending Promotion of Access to Information Act (PAIA) request. The legal team’s central plea was simple: halt the appointment, investigate the process, and uphold the law.

Dr. Joe Mojapelo, leader of the Independent Citizens Movement and a councillor in Ekurhuleni, soon joined the fray.

He wrote to the MEC on April 3, 2025, backing the allegations and calling for urgent intervention. His letter provided detailed concerns over non-compliance with Section 56 of the Systems Act, which governs the hiring of senior managers in municipalities.

Mojapelo argued that the Council had proceeded to rubber-stamp the appointment on 31 March without being aware that serious objections and legal correspondence had been submitted.

Then came the response that confirmed the seriousness of the matter.

In a strongly worded letter dated April 4, MEC Mamabolo addressed Councillor Mojapelo directly. He acknowledged receipt of the complaint and stated that he viewed the allegations with grave concern.

Citing Section 56(6) of the Municipal Systems Act, Mamabolo confirmed that he had the authority to act if the appointment was found to be irregular, including seeking a court order to have it declared invalid.

However, Mamabolo emphasised due process. He explained that, by law, the City of Ekurhuleni must submit a comprehensive Regulation 17 Report within 14 days of the appointment. This report is meant to detail every aspect of the recruitment process — scoring sheets, panel composition, qualifications, interview minutes, and compliance verification. Without it, he said, no proper assessment of the legality of the appointment could be made.

Given the gravity of the claims, Mamabolo took an extra step: he formally instructed the Executive Mayor to ensure the Regulation 17 Report also substantively addressed every allegation raised in Mojapelo’s letter.

Now, with the 14 April deadline looming, all eyes are on Ekurhuleni. If the report confirms that Mbengashe lacked the required qualifications or that the process was manipulated, MEC Mamabolo could exercise his legislative powers to reverse the appointment and potentially hold officials accountable.

Inside sources suggest growing unrest within the municipality. “It’s clear the process was pushed through,” said one official privately. “Now that the MEC is involved, people are scrambling to clean up the mess.”

For Cebekhulu, this is more than a personal matter—it’s about protecting the integrity of public service. Whether justice will be served in Ekurhuleni depends on what’s in the Regulation 17 Report — and how far the MEC is willing to go to defend the rule of law.

The Star

masabata.mkwananzi@inl.co.za