In a groundbreaking ruling on September 19, the North West High Court in Mahikeng declared the appointment of Naledi Local Municipality Municipal Manager Modisenyane Thompson Segapo as invalid and unlawful. This verdict follows an application filed on an urgent basis by Thabo Appolus, Lerato Setlhake, Lebogang Jacobs, and Vuyiswa Morakile, challenging Segapo's appointment.
The court's decision has far-reaching implications for the Naledi Local Municipality and has raised questions about procedural compliance in the appointment of senior managers. The legal battle, which has been ongoing for months, reached its climax on September 19, as Judge FMM Reid delivered the long-awaited judgment.
Reid explained that the applicants had sought the court's intervention to set aside Segapo's appointment as Municipal Manager and to declare the council meeting held on March 10, 2023, where the decision was made, as unlawful and invalid. The court, in a move that underscored the urgency and gravity of the matter, dispensed with certain procedural rules and treated the case as an urgent application.
Judge Reid noted, "The applicants requested the court to declare the council meeting held by the municipality on 10 March 2023, to be unlawful and invalid. Declaring that all resolutions taken at the council meeting held on 10 March 2023 is 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."
Crucially, the court also ruled that the municipality's funds should not be used to defend these proceedings and ordered any respondents opposing the applicants to pay the costs of the application on an attorney and own client scale.The municipality, however, opposed the relief sought. Judge Reid revealed that the vacancy for the Municipal Manager position had been declared by the municipal council in October 2022, initiating the recruitment process. An advertisement for the vacancy was issued in September 2022 under the Council's Resolution.
Among the candidates vying for the position were Segapo and the first applicant. The legal proceedings initially began on March 24, 2023, but were halted because the North West MEC for Cooperative Governance, Human Settlements and Traditional Affairs (COGHSTA) had not yet rendered a decision on Segapo's appointment. Judge Reid stated, "At that time, the application was found to be premature and was struck off the roll for lack of urgency."
However, the MECs report was subsequently received, and it did not support Segapo's appointment. The report highlighted numerous instances of non-compliance, including delays in the interview process, incomplete screening reports, and issues with the minutes of various stages of the recruitment process.
The MEC concluded that Segapo's appointment conflicted with the regulations. Judge Reid explained: "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." Regarding the council meeting held on March 10, 2023, and the resolutions passed therein, the court expressed limitations in its ability to determine their validity. Reid noted that factual disputes related to mandates and proxies complicated the matter.
Ultimately, the court ruled that Segapo's appointment as Municipal Manager, effective from March 10, 2023, was invalid and unlawful. The municipality was instructed to re-advertise the position and commence the recruitment process anew. Respondents opposing the application were ordered to cover the applicants' costs, including those of two counsels where applicable.
