Ratlou Local Municipality v Sejake (M290/2021) [2023] ZANWHC 110 (20 July 2023)

Ratlou Local Municipality v Sejake (M290/2021) [2023] ZANWHC 110 (20 July 2023)

The court found that the appointment process of the respondent as Senior Manager: Planning and Development was unlawful due to a conflict of interest, as the respondent acted both as candidate and chairperson of the selection panel. The panel was not properly constituted in terms of the Local Government: Regulations on Appointment and Conditions of Employment of Senior Managers. Furthermore, the respondent did not meet the minimum academic requirements for the position, unlike the other shortlisted candidates. The process was procedurally defective and executed unlawfully. The respondent failed to provide any substantive opposition on the merits. The court held that the Municipality was...

Citation
[2023] ZANWHC 110
Parties
Applicant: Ratlou Local Municipality; Respondent: Sebatana Cassuis Sejake
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
20 July 2023
Case Number
M290/2021
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The appointment of the respondent as Senior Manager: Planning and Development is declared unlawful, invalid, unconstitutional and set aside. Costs awarded to the applicant, including costs of two counsel.
Judges
FMM Reid
Legal Topics
Legality Review, Conflict of Interest, Municipal Manager Appointment, Minimum Qualification Requirements, Self Review, Costs Award
Administrative Law Civil Procedure Legality Review Conflict of Interest Municipal Manager Appointment Minimum Qualification Requirements Self Review Costs Award

Case Brief

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Parties

Ratlou Local Municipality

Applicant

Sebatana Cassuis Sejake

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the appointment of the respondent as Senior Manager: Planning and Development was lawful and valid.
  2. 2 Whether the selection panel for the appointment was properly constituted in terms of applicable legislation.
  3. 3 Whether the respondent met the minimum academic requirements for the position.

Ratio Decidendi

The court found that the appointment process of the respondent as Senior Manager: Planning and Development was unlawful due to a conflict of interest, as the respondent acted both as candidate and chairperson of the selection panel. The panel was not properly constituted in terms of the Local Government: Regulations on Appointment and Conditions of Employment of Senior Managers. Furthermore, the respondent did not meet the minimum academic requirements for the position, unlike the other shortlisted candidates. The process was procedurally defective and executed unlawfully. The respondent failed to provide any substantive opposition on the merits. The court held that the Municipality was...

Court Disposition

Application granted. The appointment of the respondent as Senior Manager: Planning and Development is declared unlawful, invalid, unconstitutional and set aside. Costs awarded to the applicant, including costs of two counsel.

Orders

  • It is declared that the appointment of the respondent as Senior Manager: Planning and Development per the Resolution of Council on 14 June 2019 communicated to the respondent on 13 August 2020 is unlawful, invalid, unconstitutional and of no force and effect.
  • It is declared that the Resolution of Council dated 14 June 2019 appointing the respondent as Senior Manager: Planning and Development is unlawful, invalid, unconstitutional and of no force and effect.