KNYSNA NEWS - The DA's appeal to the Supreme Court of Appeal about principles involved in the illegal appointments of political appointees at the Knysna municipality that goes back to 2022, has been dismissed with costs in an SCA judgment handed down on Monday 20 October.

The SCA judges said that there was no case to be considered and that the appeal would have no practical effect.

Judge Kathree-Setiloane, Makgoka and Mokgohloa JJA, Dawood and Acting Judge Modiba, all concurring, agreed that the dispute about the appointments has been moot (legally irrelevant) since 2022 because the term of the appointments was only six months. 

The positions themselves had already been frozen in 2022 and the court is essentially saying that there's nothing for them to rule on because the matter no longer exists.

Courts do not decide issues or disputes that have no real or practical effect. 

As there was no case to be decided upon, the appeal was dismissed with the costs of two counsel.

Marbi pleased

Former Knysna deputy mayor Alberto Marbi welcomed the SCA decision and said he will pursue his options as to what happens next.

"I am pleased with the outcome which confirms the Maher judgment and that [Western Cape local government MEC] Bredell continue to focus on the Henney judgment that he said he had been "bashed with".

'Lack of precedence'

The DA's Knysna constituency head, Ryan Smith, said the courts did not consider the principle or the merit of the case. 

"They just focused on the fact that because these individuals are no longer in the posts created by the Knysna Municipality, the matter is moot."

Smith said the ruling unfortunately does not deal with the crux of the case. 

"Even though there are no individuals in these positions currently, the political leadership of a municipality has no right to waste money creating them in the first place. It is this that the courts have failed to rule on and this lack of precedent only means that inept politicians will continue to create these unnecessary positions at the taxpayers' expense," he said.

Costs significant

The costs order (for two counsel) is expected to be significant as it for all the court cases in the matter - two high court applications, the appeal before Judge Maher, the Constitutional Court, plus the SCA.

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