George Herald

Knysna MM’s reappointm­ent illegal

- Yolande Stander

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.

 ??  ?? Lonwabo Ngoqo
Lonwabo Ngoqo

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