This serves as a follow up to the post entitled ANC & COPE Walk Out. Wanting to know the truth of the situation, i approached the Knysna Municipality’s legal advisers, Godfrey Reed and Melony Paulsen. Godrey’s response was, “(I) prefer not to respond to your query as I do not want to become involved in a media debate on the issue.” This is unacceptable as he did not have to contribute to debate but instead, simply, copy and paste the relevant section of the law (which would have been a fair, justice orientated action i.e. the law is suppose to protect, not handicap).
Like Corporate Services and Community Services, as previously reported, Legal Services is obviously also running scared under the DA-led municipality. How much longer will such departments, who are suppose to be servants of the public, not serve the public but instead choose to be involved in political shenanigans?
I sought outside help which pointed me to this:
Section 160(8) of the Constitution provides that members of a municipal council are entitled to participate in its proceedings and those of its committees in a manner that -
(a) allows parties and interests reflected within the council to be fairly represented;
(b) is consistent with democracy
The committee must thus reflect the interest of all parties and should therefore include members of all the parties represented in Council. The committee can only make a recommendation to Council regarding the appointment of the Municipal Manager. The Municipal Systems Amendment Act 7 of 2011 and, in particular, section 54A, provides that the municipal council must appoint a Municipal Manager as head of the administration of the municipality. The appointment of the Municipal Manager cannot be delegated, the full council must make that appointment.
I’m no lawyer so if anyone out there is one, or has knowledge from a municipal side, please share your views. It’s important that Knysna appoints senior staff correctly. After all, we suffer if the politicians screw up.