UNCOOPERATIVE GOVERNANCE: Armed guards deployed to bar suspended city manager from entering NMB premises

Armed security guards from Nelson Mandela Bay metro surrounded the City Hall in Gqeberha on Tuesday to prevent suspended city manager Noxolo Nqwazi from accessing the building after she was given the green light to return to work by the City’s disciplinary committee on 16 September.The acting city manager, Lonwabo Ngoqo, issued strict orders to senior management on Monday, 21 September, forbidding them from discussing the matter with Nqwazi, the media or external stakeholders. According to a confidential internal memorandum leaked to Daily Maverick, Ngoqo informed staff that the municipality rejected the disciplinary committee's ruling and did not accept Nqwazi’s return to duty or presence at municipal offices.“Dr Nqwazi should not assume that she is entitled to report for duty, access municipal premises in her capacity as city manager, or exercise any powers associated with that office, pending the municipality’s determination of the steps it intends taking,” the memo stated.Nelson Mandela Bay’s acting city manager, Lonwabo Ngoqo. (Photo: Lulama Zenzile / Gallo Images / Die Burger) “Dr Nqwazi was requested to furnish a written undertaking before 8pm on 20 September that she will not report for duty, attend at or access any municipal premises as city manager, hold herself out as city manager, or exercise any powers or functions of that office. The [disciplinary board] ruling deals with the constitution of the disciplinary hearing. It makes no finding on the merits of the allegations of misconduct against Dr Nqwazi, and it contains no order reinstating her or setting aside her suspension.”Ngoqo’s correspondence comes after disciplinary committee chairperson Adriaan van der Walt found that the municipality had failed to follow key requirements – particularly sec­tion 5 of Local Gov­ern­ment Dis­cip­lin­ary Reg­u­la­tions for Senior Man­agers, in bringing Nqwazi before a hearing. Nqwazi has been on precautionary suspension for close to three years and racked up millions of rands in salary. She was suspended for allegedly breaching the Municipal Finance Management Act and Municipal Systems Act. Access denied Ngoqo said Nqwazi remained suspended in terms of the council resolution suspension letter dated 16 February 2024, and the disciplinary committee’s ruling did not alter her status.“Accordingly, Dr Nqwazi is not to access any municipal premises until the municipality communicates its final position to her in writing,” he said.He directed, with immediate effect, that all acting executive directors comply with his instructions that:Nqwazi is not to be permitted to enter or access any municipal building, office, depot, facility or other municipal premises, whether as city manager, as an employee or as a visitor, without his prior written approval;Nqwazi is to have no access to municipal email, networks, financial, human resources, supply chains, records or any other systems; and No instruction, request, approval, signature, delegation or other communication purporting to come from Nqwazi in the capacity of city manager may be acted upon. A municipal insider said she was shocked to see armed security guards around the City Hall.The Gqeberha City Hall, the headquarters and administrative hub of the Nelson Mandela Bay Metropolitan Municipality. (Photo: Deon Ferreira)“I did not even know that our security officers had guns. The optics are bad, and most employees have no idea what the sudden intensified security at the City Hall is all about. It’s intimidating to see so many of them there just to prevent one individual from getting inside the building,” she said.In May, Eastern Cape Cooperative Governance MEC Zolile Williams ordered her reinstatement, ruling her ongoing suspension unlawful as no disciplinary hearing had been successfully convened, but the City failed to act on that directive.Eastern Cape Cogta MEC Zolile Williams. (Photo: Nelson Mandela Bay municipality) Williams’ instruction followed a letter from Nqwazi’s lawyers to the mayor, speaker and acting city manager on 29 April, demanding her reinstatement by 1 May. This week, Williams said he welcomed the committee’s 16 September ruling that she could return to work.“Cogta will not intervene in the internal decision of the municipal council as municipalities are independent spheres of government who have a prerogative to govern on their own initiative in line with section 151 of the Constitution. The MEC expects that the municipality will demonstrate responsible leadership and handle the case with prudence as it hinges on good governance, internal controls and accountability,” said Williams’ spokesperson, Pheello Oliphant.Responding to Nqwazi’s attorney, the municipality’s lawyer Leon van Staden said the municipality disputed any contention that the ruling entitled Nqwazi to resume duties as city manager.“Our specific instructions are that the municipality will not allow Dr Nqwazi access to any municipal premises on 21 September 2026, or thereafter until the municipality has communicated its decision to Dr Nqwazi. Should she attempt to report for duty or access municipal premises before such communication, such conduct will be disputed and dealt with as the municipality may be advised,” said Van Staden.“We are accordingly instructed to request that your client furnish a written undertaking by no later than 20 September 2026 that she will not, pending the municipality’s communication of its decision to Dr Nqwazi and/or the institution of any urgent proceedings, report for duty, attend at or access municipal premises, hold herself out as city manager, or exercise or purport to exercise any powers or functions associated with that office.” Nqwazi could not be reached for comment. DM