Cape Town - The Western Cape High Court has interdicted the payment of eight officials who were appointed by the Knysna Municipality council to do various work in the mayor’s office.
In the application brought by the DA, the party alleged that the appointments were unlawful and made in disregard of the prescribed recruitment processes.
The party also alleged the appointments would cost the municipality an unbudgeted R3 million per annum.
In court papers, the DA argued the officials were appointed without advertising the posts, interviewing candidates, and without vetting their qualifications.
"When the applicants launched the first application, the acting municipal manager, Johannes Jonkers, in service at that time had not approved the appointments. It seems that Jonkers considered the appointments unlawful and he refused to approve them.
He then resigned from the municipality when he was pressured to approve the appointments,“ court papers read.
The jobs include a chief of staff, and public relations officer for the mayor’s office, while the deputy would receive a political advisor, a head of office, and a personal assistant.
It was also proposed that the Speaker receive a head of office to assist him. Jonkers was replaced by the now-acting Municipal Manager, Roland Butler.
It is alleged council took a decision to authorise Butler to pay the officials following his appointment. Western Cape Judge Robert Henney said council “recklessly” proceeded with the appointments despite being made aware that they were “unlawful”.
“They did not care whether their conduct would amount to fruitless, wasteful and irregular spending of public money, despite being made aware thereof.”
They were advised firstly, not to finalise, authorise and sign the contracts of employment. Secondly, they were also advised to have the appointments set aside by the court but instead of doing this they recklessly proceeded with the appointment of the appointees despite their legal advice which should have alerted them to proceed with caution.”
Judge Henney ordered the municipality to stop paying the officials.
DA Constituency Head in Knysna, Dr Dion George, hailed the judgment.
The party was expected to lodge criminal complaints of fraud and perjury.
“The first business of the ANC/Patriotic Alliance/EFF/PBI Coalition of Corruption after they ousted the DA-led coalition government, was to illegally change the municipal organogram to accommodate eight cadres. They also did not follow any due process in appointing their cronies. The DA will not stand by while the coalition of corruption captures and destroys our town, as the ANC has done across South Africa,” said George.
Knysna Municipality Mayor, Aubrey Tsengwa, said the officials were still regarded as officials of council and were still on the municipal payroll.
“These media statements are inaccurate and misleading. The officials are still regarded as officials of council besides the fact that the municipality was obliged to adhere to the temporarily relief in favour of the applicants.
The DA is used to cadre deployment, (sic) than any other party especially in the entire Western Cape both on Local and Provincial level. Knysna Coalition is however clear about the legality of these appointments.
These employees are still on the payroll,” Tsengwa said.
Cape Times