Picture: The Municipal Manager, Modisenyane Thompson Segapo at Naledi Local Municipality/Facebook
By OBAKENG MAJE
The embattled Naledi Local Municipality in Vryburg said it is going to challenge the North West High Court decision. Last week, the North West High Court sitting in Mahikeng, rendered the appointment of the Municipal Manager, Modisenyane Thompson Segapo as invalid and unlawful.
This comes after some aggrieved employees and councillors, Thabo Appolus, Lerato Setlhake, Lebogang Jacobs and Vuyiswa Morakile launched an application on an urgent basis challenging the appointment of Segapo.
Judge FMM Reid 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 because 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-compliant 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.
However, the Naledi Local Municipality acting spokesperson, Portia Maphike said: “The court based its decision on the letter of the MEC of COGHSTA, which raised a number of concerns about the process of appointment, and not the candidate’s qualifications, experience, expertise or competency as these were all met.
“The issues raised by the MEC are based on gross mistakes made in the assessment by the Office of the MEC, which mistakes and falsehoods have since been clarified by the only appointing authority – the Municipal Council.”
Maphike said a judgment based on a mistaken assessment cannot be held without rectification, hence the resolution by the only appointing authority, council resolved on 22 September 2023, to appeal this matter at the Supreme Court of Appeal in Bloemfontein.
She said the effect of the appeal process is that it suspends this erroneous judgment. Maphike said in effect, once the appeal is lodged with the SCA, the duly appointed Municipal Manager will return to work to deliver services to the communities as he has competently done.
The Guardian 