Judge Phillip Loubser in October 2022 granted an interdict to four disgruntled ANC councillors who dragged the troubled municipality to court over the undue appointment of the MM.

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In the latest judgment handed down by Judge Mareena Opperman, she ordered the municipality to pay the costs of this case, including the wasted court costs incurred on 3 November 2022. Judge Opperman also made a ruling that the municipal council should investigate and determine whether, in terms of the Local Government under the Municipal Finance Management Act (MFMA), the costs ordered should be recovered from any political office bearers and officials.

 “The Second and Third Respondent’s unlawful conduct is indeed to be labelled as deliberately and grossly negligent. The taxpayer and already financially besieged municipalities cannot be mulcted with costs that were incurred in this manner. 

"If the Court orders accountability jointly and severally, it might follow that the one paying, exempts the other. The municipality will foot the bill and the taxpayer will bear the brunt. This is unfortunately the relief motioned for by the applicants. 

"The applicants were substantially successful in the application and acted with due diligence in the protection of the public’s interest. The conduct of the speaker and the mayor must be investigated and managed by the municipality. They may not escape with impunity,” Opperman added.

 Meanwhile, ANC Albert Nzula Branch Executive Committee Secretary in the municipality, Kamohelo Seleke, said the ANC is opposed to the municipality bearing costs of mistakes which were deliberately committed by officials.

 Seleke said if the municipality was to cough up the costs, as ordered by Judge Opperman, this will mean that taxpayers must bear the brunt of actions that were not in their best interest, by the municipality which is already struggling to pay workers.

'Officials responsible should incur the costs'

 “This will entrench it into a further state of moribund. We call on the council to not deepen the crisis by incurring the costs but rather have the officials responsible incur the costs, as it will serve as an example to other officials throughout the country who wish to behave in the same manner. 

"We are concerned by the lengths our deployees went in appointing a Municipal Manager who is not fit for appointment and the extent to which processes were flouted in ensuring that the appointment happens by hook or crook, we are even more disturbed and disgraced by the deliberate obliviousness of our deployees to critical technical issues such as qualifications that could not be verified,” Kamohelo added.

 The municipality could not be reached for comment.

 OFM News