Breaking News Update
KNYSNA NEWS - Knysna municipal manager Ombali Phineas Sebola has made an application for leave to appeal a Western Cape High Court judgment on Friday 10 May declaring his appointment as “null and void”.
The effect of his application means that he will continue in office, if his leave to appeal is granted.
But now the DA is heading back to the Western Cape High Court for the court to “urgently declare” that Sebola “may not return to work while he pursues his appeal, if it is granted”.
DA Ward 9 councillor Sharon Sabbagh said the DA will be opposing the application for leave to appeal lodged by Sebola, and will request that the implementation of the court order (involving two High Court applications, one by Western Cape local government MEC and the other by the DA) “pending the appeal” .
“We acknowledge that Mr Sebola has the constitutional right to appeal a judgement against him, which he has done in his personal capacity,” said Sabbagh.
The judgment was discussed on Thursday 15 May at a Special Council Meeting. A municipal spokesperson confirmed Sebola has submitted an application to appeal the judgment.
“Consequently, he will resume his duties if his leave to appeal is granted,” said the spokesperson.
During the meeting Council noted the judgement as well as the notice of appeal by Sebola.
Council also resolved that all the municipal respondents, the Speaker, the Mayor and Sebola in his official capacity, as well as the municipality, would abide by the decision of the court, meaning the municipality will not appeal.
DA contituency head for Knysna, Dion George said the Western Cape High Court ruled that Sebola’s appointment was unlawful “and the respondents themselves also conceded in June 2023 that the appointment was unlawful”.
“Despite this clear judgement, Mr Sebola has stated that he is appealing the judgement and is still in his office.
“The question that must be asked is why Mr Sebola is so determined to cling to office. What unfinished business remains to be done?” asked George.
George referred to the lease agreement between the municipality and Grey Elephant Investment/Knysna Mall.
He also referred to concerns over outstanding municipal debt which needed “urgent explanation”.
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