Ekurhuleni city manager cries foul after being placed on special leave, deems it unlawful

JOHANNESBURG - Outgoing Ekurhuleni City Manager Imogen Mashazi believes the City Council’s decision to place her on special leave is unlawful.

The council put Mashazi on special leave last week, ahead of her scheduled retirement in August.

This decision is based on the Municipal Systems Act, which restricts individuals over the age of 65 from holding the position.

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However, Mashazi says she’s well within her rights to continue carrying out her duties.

"Regulations say the council must apply for a waiver to a minister, which former Mayor Tanya Campbell did because she followed the law. She wrote to the minister to request him to give us the waiver so that I can work beyond 65."

Speaking at a media briefing on Friday, Ekuhuleni Mayor Doctor Xhakaza says Mashazi’s continued presence at the city manager’s office will contravene regulations.

"It’s a legal prescript that says you are at work until you turn 65, and it’s across the board. It’s general knowledge. The law says unless council has passed a resolution to activate a waiver, there is nothing we can do."

NO COMPENSATION

Mashazi is seeking compensation from the municipality for the remainder of her term.

But Xhakaza says it would make no sense for the city to continue paying a salary to someone who has retired.

“Why would we do that? Because the law says that when you are 65, you must retire. Why would we do that? She is over the age.”

Mashazi has served Ekurhuleni for more than three decades and is also the municipality’s first female city manager.

But she says what should have been a celebratory retirement has taken a painful turn.