The ruling, issued by the Mmabatho High Court, declared the appointment of M.T Segapo as the Municipal Manager invalid.The decision to appeal stems from a belief by the Naledi Local Municipality that the High Court's judgment was based on procedural concerns raised in a letter by the MEC of COGHSTA (Member of the Executive Council for Cooperative Governance, Human Settlements, and Traditional Affairs).
These concerns pertained to the appointment process and were not related to Segapo's qualifications, experience, expertise, or competency, as all these criteria were satisfactorily met. Kopano Maphike, the Acting Communications Manager at Naledi Local Municipality, clarified the municipality's stance, stating, "The issues raised by the MEC are based on gross mistakes made in the assessment by the Office of the MEC COGHSTA, which mistakes and falsehoods have since been clarified by the only appointing authority - the Municipal Council."
Consequently, the Municipal Council, as the sole appointing authority, passed a resolution on September 22, 2023, to appeal the High Court ruling at the Supreme Court of Appeal in Bloemfontein. "Once the appeal is formally lodged with the SCA, Mr. Segapo is expected to return to his role as Municipal Manager.
The municipality expresses confidence in his ability to continue delivering essential services competently, as demonstrated during his tenure,"said Kopano. Highlighting Segapo's accomplishments since his appointment, Kopano pointed out the following notable achievements. Firstly, Project Implementation: Naledi Local Municipality has excelled in project implementation and expenditure on the Municipal Infrastructure Grant (MIG).
Secondly, Restoration of Stability: The municipality has been removed from the list of dysfunctional municipalities, reflecting a return to stability in administration and council, with isolated instances of unresolved differences of opinion. Thirdly, Discipline and Punctuality: Discipline and punctuality have been reinstated within the organization.
In cases where this has not been possible, disciplinary actions have been taken to uphold discipline and productivity. And lastly, Audit Process: The Auditor General has initiated the external audit process, with the substantive Municipal Manager, Chief Financial Officer, and managers actively working to improve the municipality's audit outcomes and restore good governance.
Kopano emphasized, "It is for these reasons and the importance of justice to be done that we have taken the above resolution. We will stabilize the municipality and accelerate service delivery to our vommunities - with a qualified and competent Municipal Manager at the helm of Administration."
The original legal challenge to Segapo's appointment was filed on an urgent basis by Thabo Appolus, a senior manager at the municipality, along with three municipality Councillors, namely Lerato Setlhake, Lebogang Jacobs, and Vuyiswa Morakile.
The appeal to the Supreme Court of Appeal represents a pivotal moment in the ongoing dispute over Segapo's appointment as Municipal Manager of Naledi Local Municipality, with significant implications for the administration and governance of the municipality in the coming months.
