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In a recent judgment by Justice FMM Reid of the High Court of South Africa’s North West Division in Mahikeng, a significant ruling was made regarding the appointment of the Municipal Manager of Naledi Local Municipality. The case, with reference number UM53/2023, centered on the appointment of Mr. Modisenyane Segapo as the Municipal Manager and the legality of the council meeting held on March 10, 2023.

The Relief Sought

The applicants, including Thabo Appolus, Cllr Lerato Sethlake, Cllr Lebogang Jacobs, and Cllr Vuyiswa Morakile, sought several reliefs through their urgent application:

1. Dispensing with the rules of forms, services, and time periods, allowing the matter to be enrolled and heard as an urgent application.

2. Declaring the council meeting on March 10, 2023, unlawful and invalid.

3. Setting aside the meeting and all resolutions taken during it.

4. Ordering the first and second respondents to re-advertise the position of Municipal Manager and initiate a fresh recruitment process.

5. Requesting that municipal funds not be used to defend the proceedings.

6. Ordering respondents opposing the application to pay the costs on an attorney and own-client scale.

The Background

The vacancy for the position of Municipal Manager was declared by the municipal council in October 2022, initiating the recruitment process. During September 2022, an advertisement for the vacancy was issued in accordance with the council’s resolution. Notably, both Mr. Modisenyane Segapo (the sixth respondent) and the first applicant were candidates vying for this position.

The Court’s Decision

The application was initially heard on March 24, 2023. At that time, the appointment of Mr. Segapo was submitted for consideration by the MEC for Cooperative Governance Human Settlement and Traditional Affairs but had not yet received a response. Consequently, the court found the application premature and struck it from the roll due to a lack of urgency.

However, the MEC’s report on the appointment of Mr. Segapo has now been received, and it does not support his appointment as Municipal Manager. The report, dated April 26, 2023, outlines various procedural and substantive irregularities in the appointment process.

The court, in light of these findings, set aside the appointment of Mr. Segapo as Municipal Manager, ordered the re-advertisement of the position, and instructed respondents opposing the application to pay the costs.

Implications of the Judgment

This judgment highlights the importance of adhering to legislative and procedural requirements in public appointments. It also underscores the significance of transparency, legality, and adherence to the rule of law in municipal governance. While the court’s ruling specifically pertains to the appointment of Mr. Segapo, it has broader implications for the governance of Naledi Local Municipality and similar entities across South Africa.

-The VIP Team

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