The status of controversial Johannesburg Property Company (JPC) chief executive Helen Botes in the entity has again been questioned after allegations emerged on Wednesday that she was back in her position.

Botes’ return was disputed by the JPC, with its spokesperson, Lucky Sindane, stating that Musah Makhunga was the company’s acting chief executive.

The JPC board has not responded at the time of publication.

Botes had been the City of Johannesburg’s acting chief operations officer (COO) until several temporary appointments could not be extended last month, including that of acting city manager Tshepo Makola, who returned to his permanent position of COO.

This was after Gauteng Cooperative Governance and Traditional Affairs MEC Richard Mamabolo seconded Kiba Kekana as acting city manager.

According to DA shadow City of Johannesburg economic development MMC Bongani Nkomo, Botes’ contract as JPC boss expired in September last year.

He stated that the JPC board has reinstated her months after her contract expired, and without any legal or procedural basis to do so.

“This alleged reinstatement, if true, constitutes a blatant violation of the Municipal Systems Act (MSA) and will be an insult to the principles of transparent, lawful governance,” Nkomo said.

He also said this could signal yet another example of ANC-led cadre deployment and backroom dealing, which has long undermined service delivery and accountability in the city.

“Botes’ 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 COO, despite no clarity on her legal appointment status,” added Nkomo.

He said with Kekana’s recent secondment as acting city manager and Makola’s return to his role as COO, questions were now mounting over Botes’ official position, if any.

Nkomo expressed concerns that the JPC board may have acted unilaterally to reinstate Botes to the position of JPC chief executive without following due legal processes, as no council resolution has been tabled or adopted to approve her reinstatement.

Additionally, there is no confirmation that a fixed-term contract or performance agreement has been submitted as required under Section 57 of the MSA, and no formal extension of acting capacity has been granted beyond the legally permitted six months, contrary to what is prescribed under Section 54A.

The DA is demanding confirmation of any formal council or board resolution passed on Botes’ return to the JPC, proof of Mamabolo’s concurrence for any acting extension beyond the statutory limit, and a clear and legal explanation of what position she currently holds within the municipality or JPC, and on what authority.

“If this alleged reinstatement occurred outside of the prescribed legal framework, it is null and void,” Nkomo warned.

It has also threatened to escalate the matter to the Section 79 oversight committee and refer it to Mamabolo for urgent investigation.

loyiso.sidimba@inl.co.za

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