Picture: The Municipal Manager at Naledi Local Municipality, Modisenyane Thompson Segapo  

By OBAKENG MAJE

The North West High Court sitting in Mahikeng has instructed the beleaguered Naledi Local Municipality in Vryburg to abide by its order. In September 2023, the North West High Court Judge FMM Reid, ruled that the appointment of Municipal Manager, Modisenyane Thompson Segapo was invalid and unlawful.

However, the municipality allegedly ignored the order and retained Segapo after appealing the matter. This prompted the applicants, Thabo Appolus, Lerato Setlhake, Lebogang Jacobs and Vuyiswa Morakile who launched an application, to return to court for interpolation.

“The non-compliance of the Uniform Rules of Court is condoned in terms of Rule 6 (12) and the matter is heard on an urgent basis. The judgement granted on 19 September 2023 by Reid J is enforced in terms of Section 18 (3) of the Superior Courts Act 10 of 2013 pending the appeal process instituted by the respondents on 29 September 2023.

“The respondents who opposed the application is ordered to pay the costs of the application, jointly and severally, the one paying the other to be absolved, on a scale of party and party which costs is to include the instruction of two counsel,” Reid said.

He further said the application has been launched urgently for condoning the non-compliance of the Uniform Rules of Court in terms of Rule 6 (12) and finding that, the matter is urgent. Reid added that the judgement granted on 19 September 2023 be enforced in terms of Section 18 (3) of the Superior Courts Act 10 of 2013 pending the appeal process instituted by the response on 29 September 2023.

“The respondents who oppose the application pay costs on an attorney and own client scale, which costs to include the institution of two counsel. The judgement granted 19 September 2023, which is the judgement sought to be enforced in this application, was done under case number UM 53/2023,” he said.

Meanwhile, Reid said the applicants requested the court to declare the council meeting held by the municipality on 20 March 2023, to be unlawful and invalid.

He said they also wanted the court to declare that all resolutions taken at the council meeting held on 10 March 2023 were 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,” said Reid.

He 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. Reid said 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.

He said: “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.

“The report from the MEC has now been received and the MEC does not support the appointment of Segapo as Municipal Manager. 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.”

Reid said 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.

He said 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).

“Regulation 15 (1) which deals with the appointment and conditions of employment of senior managers was not complied with. 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,” said Reid.

He said the MIE screening results are dated 1 July 2021, which is prior to the vacancy date of 31 October 2022, and as such irregular. Reid said 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 who does not hold any political office.

“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. 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,” said Reid.

He said the MEC concluded that the appointment of Segapo is not supported as Municipal Manager. Reid said 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 applying 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.

“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.

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