On Friday 7 October 2022, Free State High Court Judge Phillip Loubser granted an interdict to four disgruntled ANC councillors who dragged the troubled municipality to court. OFM News previously reported that in an application made with the Free State High Court, the first respondent, Teboho Mochechepa, said: "The municipal manager, who is the fourth respondent in the court action, was allegedly and/or purportedly appointed as an MM on 31 August 2022, ostensibly by the Speaker, through dubious means.

"On 1 September 2022, the mayor addressed a letter to the Fifth Respondent wherein he indicated, amongst other things, that the Fourth Respondent was appointed as a Municipal Manager as per the Municipal Council resolution dated 31 August 2022. In any event, even if such a resolution was taken, the appointment of the Fourth Respondent as a Municipal Manager would have been unlawful and irregular for its non-compliance with the Regulation on appointment and conditions of employment for senior managers (“the Regulations”). Against the aforegoing, we approach this court on an urgent basis to seek an order granting a rule nisi (with interim orders with immediate effect), that pending the finalisation of an application to review and set aside the purported appointment of the Fourth Respondent as Municipal Manager, or to declare such appointment as unlawful and invalid or to declare that no such appointment occurred: The fourth respondent be restrained and interdicted from executing or purporting to execute any functions of or related to the office of the Municipal Manager of the first respondent.” 

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In his judgment, Judge Loubser ruled that the appointed MM is interdicted from enlisting the assistance of any person to perform any acts related to the office of the MM and is ordered to immediately vacate the offices.

Judge Loubser further ruled that the fourth respondent (the MM) is interdicted from entering the offices of the First Respondent with the intent to report for work and/or to carry out the functions of a Municipal Manager; the first, second and third respondent are ordered not to give effect to - or to cease giving effect to the purported decision by the second respondent to appoint the Fourth Respondent as a MM of the first respondent

He also instructed the speaker and the mayor, who are the second and third respondents respectively, that they shall, within five (5) days of the date of this order, deliver to the applicants’ attorneys, the following documents:

Copies of the advertisements published in accordance with Regulation 10(1) of the Regulations on appointment and conditions of employment of Senior Managers (GN. 21) (“the Regulations”);

Copies of all applications referred to in Regulation 11, specifically including the documents contemplated by Sub-regulation (11) (4) of the regulations;

A copy of the Council resolution appointing a selection panel as contemplated by Regulation 12 of the regulations;

A copy of the report by the mayor on the consultation with the selection panel, pertaining to the short-listing as performed in accordance with Regulation 13(1), alternatively the minutes of such short-listing meeting;

A copy of the written report of the outcome of the screening process as contemplated by Regulation 14(2) of the regulations;

A copy of the minutes of the selection panel pertaining to the interviews as contemplated by Regulation 15(1). A copy of the attendance register of applicants who attended interviews;

A copy of the records of the individual assessment of each panel member as contemplated by Regulation 15(3); and

A copy of the competency assessment of each candidate, as contemplated by Regulation 16(1) read together with Regulation 16(2).

Judge Loubser has since postponed the cost order to 3 November 2022 and the respondents opposing the application, are set to file answering affidavits dealing with costs if any, on or before 19 October 2022.  The municipality is yet to comment on OFM News’ enquiry.

OFM News