Update
KNYSNA NEWS - "Critical" required information was withheld from the Knysna council when it appointed former municipal manager Ombali Phineas Sebola, a Western Cape High Court judge said.
In a judgment declaring Sebola's appointment "null and void", the judgment by Acting Judge M Pangarkar was that there was a failure to provide council with the curriculum vitae of the appointee, "nor was the weighted scores allocated to the candidates during the assessment of their competency tabled before council".
"In addition, it was apparent that council did not have before it information related to the candidates' leading competencies and core competencies."
The court further held that the applicant's application was devoid of his academic qualifications, contactable references, registration with a professional body, full details of dismissal for misconduct and details of any disciplinary actions pending, instituted, or finalised against the candidate, which is specifically required in terms of the applicable regulations.
'Procedural flaws'
According to the Court, "it is … clear that the process of appointment was riddled by one or more procedural flaws and that certain documents which were supposed to have been before the council were not, prior to the final appointment decision being made."
As a result, it was evident that the council did not comply with the Municipal Systems Act and the applicable regulations regulating the appointment process.
Anton Bredell, the Western Cape Minister of Local Government, Environmental Affairs and Development Planning, said the length of time and legal costs to reach this point is "unsustainable, and better consequence management is needed to deal with such cases".
He said the judgment declaring Sebola's appointment null and void should be seen as a "strong warning message to councils that do not respect the relevant legal frameworks when making appointments in municipalities".
"This judgment is another victory for the rule of law and strengthens and confirms our interpretation of legislation that governs municipal appointments.
"It is unfortunate that we sometimes have to communicate through the courts to a council, but we also understand the dire consequences of having unqualified and unsuited individuals in critical positions in a municipality.
'Minimum requirements'
"We will remain firm on the minimum requirements and procedural requirements as set out in law, and councils should reacquaint themselves with these before embarking on recruitment to avoid the steps that we have had to take on this matter," said Bredell.
"It cannot be that it takes more than a year of legal wrangling to set aside an appointment that was patently illegal right from the start. While we were fighting in court, Knysna has been paralysed by a lack of basic service delivery and we have had to work with officials who are more focused on retaining their positions than on what they have been appointed to do, which is to serve the residents of Knysna."
On 22 March Bredell sought in an urgent application, to declare the decision taken by the Knysna council on 25 January 2023 to appoint Sebola as its municipal manager, null and void, and in further orders, in the event of opposition, an order of costs.
In correspondence to Knysna mayor Aubrey Tsengwa on 23 February 2023, Bredell told him Sebola's appointment was in contravention of the provisions of the Local Government: Municipal Systems Act and the Regulations on Appointment and Conditions of Employment of Senior Managers, gazetted on 17 January 2014.
Bredell requested the municipality to terminate the appointment, failing which he would take appropriate steps to enforce compliance with the provisions of the Municipal Systems Act and the appointment regulations.
No such steps were forthcoming from the municipality, leading Bredell to institute legal proceedings declaring that the appointment is null and void and seeking that it be set aside.
Bredell requested the municipality to terminate the appointment, failing which he would take steps to enforce compliance with the provisions of the Municipal Systems Act and the appointments act.
No response was forthcoming leading Bredell to institute legal proceedings declaring the appointment null and void.
At the time of going to press Tsengwa said: "The person responsible for providing the information to Council no longer works for the institution. An investigation into the matter would be a futile exercise."
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