Muni jobs judgment to be appealed
Western Cape Acting Judge Alan Maher dismissed the DA's application and a partially heard application brought by former DA councillor, now ActionSA member, Julie Lopes in 2022 that questioned the appointments and payment of the eight political appointees.
The second half of the application, and a further application by the DA, were reviewed by Maher, after Judge Robert Henney granted an initial interdict to the DA on 25 November 2022 to stop the payment of salaries to the eight appointees, pending the full hearing of the matter. Maher dismissed the DA's applications in a judgment released on Tuesday 6 February.
Appointments not unlawful
In its application the DA argued that the creation and filling of the additional posts was done in a manner that is contrary to the various statutory provisions regulating the creation of municipal staff posts. Maher said they had failed to show that the conduct "was unconstitutional, unlawful and inimical to the rule of law".
Cost orders
The DA also sought personal cost orders against Aubrey Tsengwa (mayor), Alberto Marbi (deputy mayor) and Mncedisi Skosana (speaker) but, said Maher, they failed to make out a case for this relief in the light of findings, based on evidence. He said no wrongdoing can be imputed to these individuals [the appointees] as they performed in their official capacities. "There is no justification to mulct them with a personal cost order, nor to declare that they are personally liable for the alleged irregular and fruitless or wasteful expenditure," said Maher.
No cost order was made between the parties either and Maher said they are responsible for their own costs.
However, he did make one cost order relating to the late filing of court papers during a part of the court process, where the respondents sought postponements and the striking of certain content in affidavits. The cost order included "the cost of two counsel" against the municipality's speaker, the Knysna Council, the then acting municipal manager, the mayor (Tsengwa), the deputy mayor (Marbi) and Knysna Municipality. Such a cost order is normally seen as being punitive.
Wide-ranging implications
If Maher’s judgment stands, it will have wide-ranging implications not only for Knysna, but for municipalities throughout South Africa when appointing support staff for political office bearers.
"It signifies a major shift in the understanding and execution of such appointments within South African municipalities," said Meshé Habana, Patriotic Alliance deputy secretary-general.
The political appointees in September 2022 included the PA's Michele Botha who was at the time appointed chief of staff in Mayor Aubrey Tsengwa's office.
In response to Maher's judgment, Botha said, "I applaud the judgment and I am really grateful that justice was served by Judge Maher. This could all have been avoided. As I stated from the beginning and as reported in the media, our appointments were at all times lawful.
"While I can see the purpose behind the DA's political grandstanding, I do find it rather questionable that they wasted the court's precious time with this matter. The political point-scoring resulted in Knysna Municipality spending millions of rands defending itself from what was essentially a frivolous claim.
"This was a huge waste of ratepayers' money and I hope that the voters hold the DA accountable for that loss. I'm just really happy for the people that were appointed because we were shamed and humiliated for no reason and we can now go back to work and start serving the community again."