KNYSNA NEWS  – The urgent High Court application to review and set aside the appointment of Knysna Municipal Manager Ombali Sebola is expected to be heard early in May.

Both the senior council for the DA, which first brought the application on 9 March, and Western Cape Minister of Provincial Affairs Anton Bredell have agreed to consolidate the application, which has been opposed by the Knysna Council. 

Among those listed as respondents are Speaker Mncedisi Skosana and the municipal manager in his official and personal capacity.

This means Bredell will be joining the DA to seek to overturn Sebola's appointment. Bredell said in an application lodged onN23 March that for a number of reasons Sebola's appointment is inconsistent with the Systems Act and Appointment Regulations and thus null and void.

He added that among documents filed at the Western Cape High Court was a report by Knysna Mayor Ndoda Aubrey Tsengwa to the council that failed to disclose that Sebola did not meet the minimum criteria for appointment as municipal manager in terms of the Systems Act and Appointment Regulations, and that the selection report had recommended the appointment of another candidate. Bredell said the documents provided to him by the municipality disclose that the process that culminated in Sebola's appointment was "fatally flawed in a number of respects".

Competencies lacking

The reasons why he considers Sebola's appointment as null and void is that his core managerial and occupational competencies were basic while his financial supply chain management competencies were assessed as "needs development".

"Given that the municipal manager is the most senior of personnel, one cannot make an appointment to this position on the basis that the appointee is to be mentored by subordinates," said Bredell.

"While I am advised that the matter is perhaps not capable of being heard in this court's 'fast lane', it is deserving of being heard on an expedited date on the semi-urgent roll because the applications implicate the rule of law and public finances. These are are inherently urgent; the municipality unlawfully appointed a person unqualified to serve the municipality's highest administrative office. An unlawfully appointed municipal manager implies an unlawful expenditure of taxpayers' and residents' money."

Bredell said it could even give rise to further unlawful decisions. "The municipal manager will take numerous decisions every day, which will be unlawful given his unlawful appointment.

"These decisions could include authorising expenditure, hiring staff members, entering contracts on behalf of the municipality or acquiring assets. The longer the matter waits, the more decisions he municipal manager will take," said Bredell.

Sub judice

Asked for comment, the Knysna Municipality communications department responded: "Kindly be advised that the Knysna Municipality was not cited as a respondent and we are therefore not a party to the court proceedings. We are not in a position to comment on the legal course of action to be taken by those respondents."

Asked who would be paying the legal fees incurred by Council and municipal officials, the municipality said, "In response to your follow-up questions, we are not at liberty to provide comment as the matter is sub judice. Please also note, the outcomes of items discussed in-committee are only communicated once all due processes have been completed."

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