Appolus and Others v Naledi Local Municipality and Others (UM53/2023) [2023] ZANWHC 173 (19 September 2023)

Appolus and Others v Naledi Local Municipality and Others (UM53/2023) [2023] ZANWHC 173 (19 September 2023)

The court found that the appointment of Mr Modisenyane Segapo as Municipal Manager was unlawful and invalid due to multiple procedural and substantive irregularities identified by the MEC, including non-compliance with statutory regulations governing the appointment of senior municipal managers. The recruitment process failed to meet the requirements of the Local Government: Municipal Systems Act and associated regulations, and the MEC's approval was not obtained. The court declined to set aside the council meeting of 10 March 2023 and its other resolutions, as the applicants did not make out a substantive case and there were unresolved factual disputes. Costs were awarded against the...

Citation
[2023] ZANWHC 173
Parties
Applicant: Thabo Appolus; Applicant: Cllr Lerato Sethlake; Applicant: Cllr Lebogang Jacobs; Applicant: Cllr Vuyiswa Morakile; Respondent: Naledi Local Municipality; Respondent: Naledi Local Municipal Council; Respondent: Nelson Mongale N.O (former Acting Municipal Manager); Respondent: Cllr PGC Gulane N.O (Speaker of the Council); Respondent: Cllr J Groep N.O (Mayor); Respondent: Mr Modisenyane Segapo N.O (Newly appointed Municipal Manager); Respondent: The MEC for Cooperative Governance Human Settlement and Traditional Affairs North West Province; Respondent: South African Local Government Association (SALAGA); Respondent: Provincial Treasury
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
19 September 2023
Case Number
UM53/2023
Procedural Posture
Urgent Application / Judgment
Outcome
The application succeeds in part; the appointment of Mr Modisenyane Segapo as Municipal Manager is set aside as invalid and unlawful. The first and second respondents are ordered to re-advertise the position and commence the recruitment process de novo. Costs are awarded against the respondents who opposed the...
Judges
FMM Reid
Legal Topics
Municipal Manager Appointment, Procedural Irregularity, Rule of Law, Judicial Review, Urgent Application
Administrative Law Civil Procedure Municipal Manager Appointment Procedural Irregularity Rule of Law Judicial Review Urgent Application

Case Brief

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Parties

Thabo Appolus

Applicant

Cllr Lerato Sethlake

Applicant

Cllr Lebogang Jacobs

Applicant

Cllr Vuyiswa Morakile

Applicant

Naledi Local Municipality

Respondent

Naledi Local Municipal Council

Respondent

Nelson Mongale N.O (former Acting Municipal Manager)

Respondent

Cllr PGC Gulane N.O (Speaker of the Council)

Respondent

Cllr J Groep N.O (Mayor)

Respondent

Mr Modisenyane Segapo N.O (Newly appointed Municipal Manager)

Respondent

The MEC for Cooperative Governance Human Settlement and Traditional Affairs North West Province

Respondent

South African Local Government Association (SALAGA)

Respondent

Provincial Treasury

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the appointment of Mr Modisenyane Segapo as Municipal Manager was lawful and valid.
  2. 2 Whether the council meeting of 10 March 2023 and its resolutions should be set aside.
  3. 3 Whether costs should be awarded against the respondents personally or in their official capacities.

Ratio Decidendi

The court found that the appointment of Mr Modisenyane Segapo as Municipal Manager was unlawful and invalid due to multiple procedural and substantive irregularities identified by the MEC, including non-compliance with statutory regulations governing the appointment of senior municipal managers. The recruitment process failed to meet the requirements of the Local Government: Municipal Systems Act and associated regulations, and the MEC's approval was not obtained. The court declined to set aside the council meeting of 10 March 2023 and its other resolutions, as the applicants did not make out a substantive case and there were unresolved factual disputes. Costs were awarded against the...

Court Disposition

The application succeeds in part; the appointment of Mr Modisenyane Segapo as Municipal Manager is set aside as invalid and unlawful. The first and second respondents are ordered to re-advertise the position and commence the recruitment process de novo. Costs are awarded against the respondents who opposed the...

Orders

  • The Rules relating to forms, services and time periods are dispensed with; the matter is heard as an urgent application under Rule 6(12).
  • The appointment of Mr Modisenyane Segapo as Municipal Manager from 10 March 2023 is set aside as invalid and unlawful.