In a dramatic twist of events, the North West High Court, sitting in Mahikeng, has issued a stern directive to the Naledi Local Municipality in Vryburg, instructing it to adhere to a court order rendered in September. The order, issued by North West High Court Judge FMM Reid, declared the appointment of Municipal Manager (MM) Modisenyane Thompson Segapo as invalid and unlawful.
Despite the court's ruling, the municipality reportedly ignored the order and retained Segapo as the MM. They defied the initial court order by appealing the matter in an act of defiance. This defiance has prompted concerned applicants, namely Thabo Appolus, Lerato Setlhake, Lebogang Jacobs, and Vuyiswa Morakile, to return to court for further legal action.
In a recent court proceeding, Judge Reid expressed his disapproval of the municipality's non-compliance with the Uniform Rules of Court, citing Rule 6 (12). The court deemed the matter urgent, enforcing the judgment granted on September 19, 2023, following Section 18 (3) of the Superior Courts Act 10 of 2013, pending the appeal process initiated by the respondents on September 29, 2023.
Judge Reid firmly stated, "The respondents who opposed the application are 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 are to include the instruction of two counsel."
The applicants sought to declare the council meetings held on March 20, 2023, and resolutions taken on March 10, 2023, as unlawful and invalid. Furthermore, they requested an order for Naledi Local Municipality to re-advertise the position of Municipal Manager and commence a new recruitment process.
The applicants insisted that municipal funds should not be used to defend these proceedings, and opposing respondents should bear personal costs on an attorney and own client scale. Judge Reid highlighted the timeline of events, noting that in October 2022, a vacancy for the Municipal Manager was declared, triggering a recruitment process.
The appointment of Segapo was initially challenged on March 24, 2023, but the court found the application premature as the MEC of Cogta had not yet revealed its findings on the appointment.
The MEC's report, received on April 26, 2023, indicated non-compliance with procedural and substantive requirements for the appointment of municipal senior managers. Issues raised in the report included delayed interviews, incomplete screening reports, irregular screening results, non-compliant meeting minutes, and a contract term exceeding the council's tenure.
Judge Reid emphasized, "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." Despite the MEC's findings and subsequent correspondence highlighting irregularities, the municipality failed to take steps to remove Segapo as Municipal Manager.
The court, applying the facts to the law, underscored the necessity of setting aside Segapo's appointment due to its non-compliance with legislative requirements. The Naledi Local Municipality now faces legal consequences for its continued disregard of the court's orders, emphasizing the importance of upholding legal and procedural standards in municipal governance.
This case sheds light on the significance of transparency, adherence to regulations, and the consequences of failing to comply with legal rulings in local government affairs.
