Picture: Municipal Manager at Naledi Local Municipality, Modisenyane Thompson Segapo/Facebook
By OBAKENG MAJE
This appointment of Municipal Manager, Modisenyane Thompson Segapo is invalid and unlawful, says the North West High Court sitting in Mahikeng. This comes after Thabo Appolus, Lerato Setlhake Lebogang Jacobs and Vuyiswa Morakile launched an application on an urgent basis challenging the appointment of Segapo.
The matter was heard a month ago, but the ruling was reserved until today. Now, Judge FMM Reid said the application was brought on an urgent basis, essentially seeking the setting aside of the appointment of Segapo as the Municipal Manager, with ancillary relief that the meeting on 10 March 2023, in which such decision was taken, be declared to be unlawful and invalid and set aside as such.
Reid said dispensing with the Rules relating to forms, services, and time periods as prescribed by the Uniform Rules of this court and directing that the matter was enrolled and heard as an urgent application in terms of Rule 6 (12).
“The applicants requested the court to declare the council meeting held by the municipality on 20 March 2023, to be unlawful and invalid. Declaring that all resolutions taken at the council meeting held on 10 March 2023 are unlawful and invalid. The first and second respondent be ordered to re-advertise the position of the Municipal Manager and commence the recruitment process de novo.
“That the municipality’s funds must not be used to defend these proceedings. Any respondents opposing the applicants be ordered to pay the costs of the application on an attorney and own client scale. So, the municipality opposed the relief sought,” he said.
Reid further said that in October 2022, a vacancy for the Municipal Manager was declared by the municipal council, which triggered the commencement of a recruitment process. He added that, in September 2022, an advertisement for the vacancy was issued in accordance with the Resolution of the Council.
“Amongst others, Segapo and the 1st applicant were candidates competing for the position. This application was initially heard by this court on 24 March 2023. At that stage, the appointment of Segapo that was sought to be set aside was submitted to the North West MEC for Cooperative Governance, Human Settlements and Traditional Affairs (COGHSTA) or Minister Cooperative Governance and Human Settlements and Traditional Affairs to be considered.
“At the time, that the application was heard on 24 March 2023, the MEC had not revealed its findings on the appointment of Segapo as Municipal Manager. As such the urgent application on 24 March 2023 was found to be premature and it was struck off the roll for lack of agency,” said Reid.
He said the report from the MEC has now been received and the MEC does not support the appointment of Segapo as Municipal Manager. Reid said the report of the MEC is dated 26 April 2023 and titled: “Report on the process of appointing the Municipal Manager at Naledi Local Municipality.”
“The finding of MEC is that the appointment of Segapo as Municipal Manager is not supported on the basis that, MEC found the procedural and substantive requirements in relation to the appointment of municipal senior managers, submitted as per Regulation 17 (4) not to have been complied with.
“Amongst others, the following issues of non-compliance were highlighted in the MEC’s report. Interviews were conducted 44 days after the screening process, which is 23 days more than the period that is allowed in terms of Regulation 15(1),” he said.
Reid said Regulation 15 (1) which deals with the appointment and conditions of employment of senior managers was not complied with. He said the screening report attached to the submissions to the MEC was incomplete and there is no letter from the National Department of Cooperative Governance, Human Settlements and Traditional Affairs or evidence from the municipality that the request for security screening and vetting was sent to the National Department of Cooperative Governance, Human Settlements and Traditional Affairs.
“The MIE screening results are dated 1 July 2021, which is prior to the vacancy date of 31 October 2022, and as such irregular. The minutes of the shortlisting process are non-compliant with the requirements in that the minutes attached to the report sent to the MEC did not mention the names of all the shortlisted candidates.
“The minutes only referred to the re-advertisement of the post. The minutes of the interview process are non-compliant in that it does not mention the top three candidates and those recommended to undergo competency assessments. There was no written confirmation attached by the successful candidate that does not hold any political office,” said Reid.
He said the term of the contract as reflected on the letter of appointment is non-complaint as it exceeds the term of the council by four months. Reid said the MEC found that the appointment of Segapo is contrary to the provisions of Section 54 (3)(b) of the Local Government: Municipal Systems Act 2000.
“The MEC concluded that the appointment of Segapo is not supported as Municipal Manager. Correspondence followed between the former acting Municipal Manager, the mayor, the MMC of Finance and Corporate Services, and the Whip of Council in which the above-mentioned irregularities were highlighted.
“No steps were taken to remove Segapo as Municipal Manager, despite his appointment being in conflict with the regulations as highlighted in the report of the MEC. In application of the facts to the law, the appointment of Segapo has to be set aside as it was not done in terms of the legislation and without the MEC’s approval,” he said.
Reid said as far as the setting aside of the meeting dated 10 March 2023 and all resolutions taken in that meeting, this court cannot determine whether the meeting was correctly constituted and mandated.
He said the applicants did not make out a substantive case to grant the relief to have the meeting and the resolutions (save for the appointment of the Municipal Manager) set aside.
“This is the position since there are several factual disputes relating to the mandates, proxy, and other issues which this court is not going to entertain in this urgent application.
“The court dispenses with the Rules relating to forms, services, and time periods as prescribed by the Uniform Rules of this court and directs that the matter be enrolled and heard as an urgent application in terms of Rule 6 (12),” said Reid.
He said the appointment of Segapo as the municipal manager from 10 March 2023 is set aside as invalid and unlawful. Reid said the municipality is ordered to advertise the position of the Municipal Manager and commence the recruitment process de novo.
“The respondents which opposed the application are ordered to pay the costs of the applicant individually and severally, the one paying the other to be absolved on a scale as between party and party. The costs are to include the cost of two counsel where so instructed,” he said.
The Guardian 