KNYSNA NEWS - Western Cape Local Government Minister Anton Bredell sent the Knysna sheriff to Knysna Municipality yesterday, Thursday 9 February, in his first move to stop the appointments of two acting directors in the municipality that are considered to be illegal.
The sheriff served a notice of motion of the urgent application by Bredell on Municipal Manager Ombili Phineas Sebola, Mayor Aubrey Tsengwa, Speaker Mncedisi Skosana, Acting Director Corporate Services Luvuyo Loliwe and Acting Chief Financial Officer Londiwe Sotshede.
Bredell said in a letter to Tsengwa that he is to launch a two-part urgent court application in the Western Cape High Court on Tuesday 14 February.
The first part seeks to interdict the municipality and council from proceeding to implement or approve any new extensions of the appointments of Loliwe and Sotshede. The second part of the application also seeks to set aside the initial council resolutions affecting the appointments – and includes a request for cost order.
In a day of drama, the developments saw the culmination of a process that started with the appointment of Sotshede in August and Loliwe in September last year.
DA Councillor for Ward 9 Sharon Sabbagh, who has been instrumental in launching the process against the appointment, said, "I am extremely grateful to Minister Bredell in taking action so promptly.
We are in support of legal appointments that follow due process and cannot accept appointments in key positions where the individuals do not meet ALL levels of competencies.
“Our financial situation has reached a crisis. Provincial Treasury wrote to the municipality in November 2022 requesting a report detailing a recovery plan inclusive of remedial action and cost containment measures, which report we have yet to see. The municipality is in breach of the MFMA in that the municipal budget reflects a deficit, which should be a self-funded budget," said Sabbagh.
Bredell said in a letter to Tsengwa that he had not satisfied his request to remedy the acting appointment of Loliwe "as he does not possess the required senior management as prescribed in the MMC regulations".
He also said Tsengwa has not confirmed that Sothshede has obtained a post graduate degree in the field of accounting, finance or economics registered on the National Qualifications Framework of NQF Level 8.
"In light of your failure to remedy the invalid appointments, I will approach a court on an urgent basis to review and set aside the abovementioned acting appointments. I will also seek a cost order against the municipality in the approaching legal proceedings," Bredell said in his letter.
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