UDM plans to appeal ruling

Councillor vows to pursue MM appointment matter

THE UDM in the Enoch Mgijima Local Municipality (EMLM) has refused to take a high court ruling, which did not go in its favour, lying down.

The Rep reported (“Meeting cancelled”, June 2) that a council meeting on May 25 to appoint the new municipal manager (MM) could not proceed due to an interim interdict obtained by the UDM.

Former Sakhisizwe MM Thembeni Samuel was said to have been the preferred candidate.

The UDM indicated that while it had no problem with the candidate, it was unhappy that the due process of appointment had not been followed.

The respondents were the EMLM (first), executive mayor Lindiwe Gunuza Nkwentsha (second), speaker Mzoxolo Peter (third) and acting MM Siyabonga Nkonki (fourth).

The interdict sought to restrain the respondents from holding a special council meeting on May 25 or any date thereafter to appoint a MM as the UDM indicated that due process in Regulation 21 of local government regulations on the appointment and conditions of senior managers, were not followed.

The application, brought by the UDM via councillor Mthuthuzeli Hokolo, also sought to force the executive council of the EMLM to supply reports pertaining to the recruitment/selection process and that such a process should be started anew.

A rule nisi, which is an order to show cause, was issued on May 25.

In his ruling, Judge NG Beshe dismissed the rule nisi with costs, indicating that he was not satisfied that Hokolo was authorised to bring the application on behalf of the applicant.

Beshe also indicated that on questions on the urgency of the application, Hokolo had “self-created” such urgency and added that he could not use court proceedings to ask for documents pertaining to the appointment of the MM without first asking the EMLM officials.

Hokolo, speaking to The Rep telephonically on Tuesday, said the UDM had already issued a notice of intent to appeal to the Grahamstown High Court on Monday.

He said the attorneys of EMLM, Zepe and Company, had also been informed of the UDM’s intention to appeal.

Hokolo said he was disappointed in the judge indicating that he did not have a mandate when he did have such a mandate from the EC provincial executive committee of the party.

The appeal would be based on various factors, including allegedly fraudulent minutes supplied to the court and the lack of a selection panel.