Update
KNYSNA NEWS - Ombali Phineas Sebola on Tuesday 11 June finally sealed his fate when he withdrew his High Court bid to keep his job as Knysna's municipal manager.
A Full Bench (three judges) of the Western Cape High Court heard that Sebola was withdrawing his automatic appeal (in terms of the Supreme Court Act).
His application was to appeal two earlier High Court judgments that told him to leave his post as his appointment was "null and void".
Sebola's final departure from Knysna municipality was signalled in a notice sent out on behalf of mayor Aubrey Tsengwa, shortly after 11am on 11 June, who said he had appointed Andiswa Dunywa as acting municipal manager in Sebola's place "until the next council meeting".
A statement from local government minister Anton Bredell said the judgment meant Sebola "must" vacate his position as municipal manager with immediate effect.
Bredell's statement said the "pursuance of this case" is evidence of his "hard stance and zero tolerance towards unlawful decisions taken by councils in the Western Cape province".
"Such cases can be avoided if councils adhere to their legislative prescripts. This will save litigation costs, which are ultimately borne by their ratepayers," said Bredell's statement.
The court in Cape Town on Tuesday showed its displeasure at Sebola, who was not in court, by ordering that he pay the costs on an attorney client scale (punitive costs) including two counsels for Bredell.
Sebola was represented by advocate Denvor Filand and Wellington lawyer Duncan Korabie.
Such a cost order is an indication of the court's displeasure.
Bredell said in his statement that despite Sebola filing a "Notice of Withdrawal of the Appeal hours before today's hearing", his counsel was instructed to seek punitive costs against Sebola.
"The court, after hearing representations for punitive costs, expressed the view that the opposing parties to the appeal should not be out of pocket, especially in the instance where three judges had to prepare for the hearing, including various counsels opposing the appeal and the fact that the appellant only filed his notice of withdrawal on the morning of the appeal and making no tender for wasted costs," said Bredell's statement.
"In the circumstances the court ordered Mr Ombali Sebola to pay costs on an attorney client scale, including the costs of the counsels."
Dion George, the DA constituency head for Knysna said Sebola had "wasted the court's precious time with his frivolous appeal that he was never going to win".
George said: "He must pay all of the costs incurred in the litigation and not attempt to get the people of Knysna to pay. Sebola is an example of how cadres bankrupt a municipality and then flee to another to do the same. He's met his match in Knysna and should leave immediately and never come back.
"We will fight corruption with everything we have and restore good governance and effective service delivery to the town," said George.
The original application, that his appointment was illegal, was made by the DA and Bredell in 2023.
Following the initial judgment by Acting Judge Pangarkar on May 10 that his appointment, more than a year before, was "null and void", Sebola appealed the "leave to appeal" judgment dated 28 May.
DA Ward 9 councillor Sharon Sabbagh said council, "by majority vote" of the ANC/EFF/PBI, had on 11 June rescinded an earlier council resolution of 31 May, placing him back in the seat as municipal manager.
The 31 May resolution "unanimously resolved" that the mayor was to notify Sebola that council had resolved to abide by the court order, he was to vacate his seat, and the vacant municipal manager's position was to be re-advertised.
"The Executive Mayor failed to carry out the council resolution of 31 May," said Sabbagh.
"In the interim, Mr Sebola lodged his appeal, which was to be heard today (Tuesday 11 June ).
"Both the DA and MEC Bredell opposed this leave to appeal," said Sabbagh
Sabbagh said: "During the initial court proceedings Sebola, the Speaker, the executive mayor and the municipality conceded in their papers dated June 2023, that Sebola's appointment as municipal manager was irregular!
"It begs the question: If Sebola has conceded his appointment is irregular, what is his reason for clinging to the municipal manager's position? I guess, with the passage of time, we will know.
"In the interim, sadly, Knysna suffers," added Sabbagh.
The Knysna-Plett Herald has requested comment from Sebola and the municipality.
Once received, it will be published.
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