Note to Editors: Please find an English soundbite by Cllr Bongani Nkomo here
The Democratic Alliance (DA) in the City of Johannesburg is concerned by the reports suggesting that the Johannesburg Property Company (JPC) Board has allegedly taken a decision to reinstate Ms Helen Botes as Chief Executive Officer, months after her contract expired and with no legal or procedural basis to do so.
This alleged reinstatement, if true, constitutes a blatant violation of the Municipal Systems Act and will be an insult to the principles of transparent, lawful governance. It signals yet another example of ANC-led cadre deployment and backroom dealing, which has long undermined service delivery and accountability in the city.
Ms Botes’s contract as CEO of JPC expired in September 2024. Since then, she has inexplicably continued to occupy a space in the City’s administration under the ambiguous title of Chief Operations Officer (COO), despite no clarity on her legal appointment status. With Mr Kiba Kenana recently seconded as City Manager by the Gauteng MEC for COGTA, and Mr Tshepo Makola returning to his substantive role as COO, questions now mount over what official position, if any, Ms Botes occupies.
Even more concerning are reports that the JPC Board has acted unilaterally to reinstate Ms Botes to the position of CEO without following due legal process:
• No Council resolution has been tabled or adopted to approve her reinstatement;
• No confirmation of a fixed-term contract or performance agreement has been submitted, as required under Section 57 of the Municipal Systems Act; and
• No formal extension of acting capacity has been granted beyond the legally permitted six months, contrary to what is prescribed under Section 54A.
These are not mere technicalities, they are foundational governance safeguards meant to prevent the abuse of power and ensure professional, merit-based public service appointments.
The DA will not allow the ANC and its deployed proxies to run the City’s entities as personal fiefdoms.
We have written to MMC Nomoya Mnisi to demand clarity on the following:
- Confirmation on whether any formal Council or Board resolution was passed regarding Ms Botes’s return as CEO;
- Proof of MEC concurrence for any acting extension beyond the statutory limit; and
- A clear and legal explanation of what position Ms Botes currently holds within the City or JPC, and on what authority.
If this alleged reinstatement occurred outside of the prescribed legal framework, it is null and void. The DA will escalate this matter to the Section 79 Oversight Committee and refer it to the Gauteng MEC for Cooperative Governance for urgent investigation.
This City belongs to its residents and not to recycled officials and constitutional delinquents.