PLETTENBERG BAY NEWS - A Western Cape High Court order setting aside the severance package of acting municipal manager Mbulelo Memani, and revoking his termination as municipal manager, has been welcomed by DA mayor Jessica Kamkam as a "significant victory".

The order by Judge Deidre Kusevitski on Friday 18 October declared as "constitutionally invalid" the then mayor Claude Terblanche's "mutual termination agreement" with Memani and also revoked the then ANC-led council's decision to terminate his employment.

Kusevitski ordered Memani and his legal representative Bulelani Bans to repay the full amounts received as part of the termination agreement.

Memani was paid R4.2 million plus R500 000 in legal fees to leave the employ of the municipality, which was ratified by council on 3 May.

Bans referred the Knysna-Plett Herald to the municipality for comment.

The order forms part of the DA's pleadings and also does not provide clarity on the status of the disciplinary process against Memani.

Kamkam said, additionally, the court has directed that the costs of this application, including those of two counsel, be covered by the respondents opposing the application.

'Adhering to procedures'

"This ruling underscores the importance of adhering to proper legislative procedures when dealing with senior officials in municipal governance. The DA remains steadfast in its mission to uphold integrity and accountability within all levels of government," she said.

Kamkam said following the court ruling, the termination agreement for Memani has been set aside, "allowing us to review Mr Memani's status".

"The council will meet soon to decide on the appropriate way forward regarding any disciplinary matters," she said.

'Bit of a misnomer'

ANC chief whip Sandiso Gcabayi said "claiming victory in this case might be a bit of a misnomer".

"Council through the majority of councillors led by the DA decided to withdraw the defence of Bitou municipality by not opposing the motion (brought by the DA).

"There were no contested facts by the municipality and there was no opportunity for the court to examine the merits (of the case).

"The court may have not fully considered the evidence or arguments that could have been presented by the municipality.

'Charges of serious nature'

"If the court says the MM (municipal manager) must pay back the money, we'll agree, but also all the processes of charging the MM (should) unfold and be tested as the DA agreed that the charges were of a serious nature," said Gcabayi.

Sandiso Gcabayi.

Gcabayi also said "it would be hypocrisy if Mr (Felix) Lötter is left behind (as) there was a settlement done with him" (Lötter accepted a R1m agreement to move from CFO to manager of compliance and governance).

"He must also pay back the money," said Gcabayi.

"While the DA might have obtained a favourable judgment, it doesn't necessarily mean they 'won' in the traditional sense."

'Care and transparency'

The only victory was the order to pay back the money.

Kamkam said in response to follow-up questions from the Knysna-Plett Herald "that we are also working with our legal team to ensure that we properly ratify the Draft Order, following all required protocols. Our aim is to handle this matter with care and transparency".

"There has been no court order in relation to Mr Lotter's negotiated agreement. We will have to review (the) validity of any proposed reviews to that agreement and determine the best course of action moving forward."

'Thorough legal consultation'

She said the decision by the municipality not to contest the DA application "was made after thorough legal consultation".

"We believe this approach allows us to focus on the pressing needs of our community without extending the legal process unnecessarily," said Kamkam.

She said Bitou had kept Western Cape minister of local government Anton Bredell "informed about our current situation and our plans moving forward".

"Transparency is key, and we are committed to ensuring that our actions regarding Mr Memani's reinstatement are in line with legal requirements.

"As we move ahead, the council will convene to discuss the way forward and make decisions regarding Mr Memani's situation and other related matters.

"We will collaborate closely with legal advisers to address any remaining issues and ensure compliance with the court's order. Our primary focus remains on serving our community and ensuring effective service delivery," added Kamkam.

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