Bitou MM’s appointment declared ‘unlawful’, but DA wants Lobese’s head, too
The Labour Court of S A last week found that the appointment of Bitou s municipal manager, Lonwabo Ngoqo, was unlawful – this after Western Cape Local Government MEC Anton Bredell challenged the appointment, done in February, through legal channels.
Bredell went the legal route after Bitou Council took a decision to appoint Ngoqo earlier this year despite having been dismissed by the same municipality in 2012 after disciplinary proceedings found him guilty of financial misconduct.
It is alleged that Ngoqo s recent appointment also came with a settlement agreement of more than R780,000.
“We never want to go to court against another sphere of government, but sadly there are times when we have no other option left. In the Western Cape, the rule of law and our continued commitment to good governance and improved service delivery requires of us to be intolerant of unlawful decisions that place at risk the ability of a municipality to do its job. So we took the matter to court and we are
very happy about the outcome,” Bredell said.
The court found that the decisions taken by Bitou Council was unlawful and ordered that the settlement agreement entered into between the municipality and Ngoqo be set aside while ordering that Ngoqos appointment as a municipal manager be set aside as well.
“A cost order was also made against the council. We want to urge our municipalities to remember who they are representing. These are communities who are putting trust in their leaders and rely on their leaders to place community interests first,” said Bredell.
In the meantime, the DA in the province welcomed the court’s findings.
Bitou constituency head Cathy Labuschagne said they were, however, disappointed that the court did not hold mayor Peter Lobese personally liable for his part in making the appointment.
“It is an irresponsible decision that the people of Bitou will have to pay for,” she said. She explained that the appointment resulted in a cost order against the municipality which meant that money meant for the people of Bitou would instead be spent on legal fees.
“It is alarming that despite being fully aware of the disciplinary proceedings against Ngoqo, which would make his appointment as municipal manager illegal, the mayor still proceeded to appoint him.
“These actions by the mayor and the ANC councillors indicate that they do not carry the best interests of Bitou at heart and are not interested in good governance.”
Labuschagne also said the party believed public servants, who make “reckless decisions” which result in illegal actions, should be held financially responsible for the legal costs that transpire.
“We cannot allow taxpayers to carry the costs for public representatives who do not respect the rule of law.”
The acting director of corporate services and strategic manager in the office of the municipal manager, Gerrie Groenewald, said they were currently studying the judgment and would comment on it in due course.
Garden Route Media