Removed: Officials ousted after court order

Update

KNYSNA NEWS - Two Knysna Municipality officials, Acting Chief Financial Officer (ACFO) Londiwe Sotshede and Acting Director of Corporate Services (ADCS) Adv Luvuyo Loliwe, have been removed from their positions following a Western Cape High Court ruling that has deemed their appointments illegal.

The ruling was given by WC High Court Judge J Slingers last week. It was made in the case between Western Cape Provincial Minister of Local Government, Environmental Affairs and Development Planning, Anton Bredell and Knysna Municipality.

The case was brought forward to the high court after an urgent application by Bredell earlier this year, seeking to stop Sotshede and Loliwe’s respective appointments as he felt they did not meet the necessary criteria to qualify for their positions.

The final judgment

In their ruling, Judge Slingers acknowledged the urgency and importance of Bredell's application.

"In accordance with the provisions of section 56(6) of the Systems Act, the MEC is statutorily obliged to take appropriate steps to challenge an acting appointment made in contravention of the Systems Act within 14 days after becoming aware thereof," Slingers' ruling read.

They acknowledged that both Bredell's application and the municipality's counter-application were both deemed as urgent matters.

Slingers' judgment, which was handed down last Wednesday, 7 June, saw Bredell's application win out in the case.

The judgment declared Sotshede's reappointments as the ACFO on 14 February and again 11 May unlawful and null and void. The same ruling was made regarding Loliwe's reappointment as ADCS on 15 March. Each of the decisions to appoint Sotshede and Loliwe were made by Knysna Council during council meetings.

Adv Luvuyo Loliwe

Legal obligations

This ruling and judgment meant that Knysna Municipality was now legally obliged to terminate Sotshede and Loliwe's contracts and employment in their respective positions.

Part of the ruling was that the municipality must now also carry both parties' legal costs accrued during the case.

Knysna Municipality's communications confirmed that this has in fact been done. "We can only confirm having received the judgement and that the officials are currently not in office.

"However, our legal department is still studying the judgement and we cannot make any further comment until the Council has expressed itself on the matter," said the communications team.

Their municipal tenures

Sotshede was first appointed as the acting CFO from 15 August 2022 for a three month period.

Thereafter, she was re-appointed from 16 November 2022 for another three month period.

On 14 February, Council took a resolution to appoint Sotshede as acting CFO for a further period from "16 February 2023 or until such time as the vacant position of Chief Financial Officer is filled, whichever period comes first".

Loliwe was appointed as the municipality's acting DCS from 16 September 2022 for a three month period. Thereafter he was re-appointed for a further three month period on 13 December 2022. He was then again re-appointed as acting DCS on 15 March.

Knysna Municipality's financial services building. Photo: Blake Linder