Knysna MM’s reappointment illegal
PLETTENBERG BAY - Two years after a storm erupted over what has been deemed the illegal reappointment of the Bitou Municipality’s municipal manager, who was dismissed from the same municipality over financial misconduct in 2012, the Labour Appeal Court found last week that Lonwabo Ngoqo’s reappointment was indeed illegal.
While the Bitou Municipality said this week that it was “reviewing” its options following the judgment, the opposition is demanding that the bill for the court proceedings not be footed by ratepayers, but that the councillors responsible for Ngoqo’s reappointment be held personally liable for the costs.
The matter relates to the irregular appointment of Ngoqo as municipal manager as well as the irregular payment of
R781 184 to Ngoqo in February 2019. The council decided to appoint Ngoqo despite the fact that he had been dismissed from the very same municipality in 2012 after disciplinary proceedings found him guilty of financial misconduct.
Legally, a municipal manager that has been found guilty of misconduct may not be reappointed in the position for 10 years. As a check and balance, the appointment of a municipal manager must be approved by the relevant MEC for local government. Western Cape Local Government, Environmental Affairs and Development Planning MEC Anton Bredell objected to the approval but the council resisted, which forced the MEC to enforce his decision via the courts.
In August 2019 the labour court ruled in Bredell’s favour, finding that the decision taken by the council was unlawful.
It ordered that the settlement agreement between the municipality and Ngoqo, as well as Ngoqo’s appointment as municipal manager, be set aside.
The municipality then took the matter on appeal.
The judgment in this appeal was delivered via e-mail last Thursday, 11 February, informing the parties that the appeal had been dismissed with costs.
“The Bitou Council will now be liable for the costs for a case that it continued to drag out for longer than was necessary,” Bredell said following the judgment.
“This was to the detriment of the citizens of Bitou. It’s a pity that some of Council’s leadership insist on going to court using Council’s money to drive their own personal agendas.”
Read the full article with comment from the opposition at www. knysnaplettherald.com.