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.
No related posts.
You are correct Mike, that is the law. If the opposition parties are excluded from the process of appointing the municipal manager, they can approach the High Court to review the decision on a procedural point and the individual councillors who have voted in favour of the decision can be held liable in terms of the provisions of section 14 of the Municipal Systems Amendment Act 7 of 2011 which in effect includes item 2A to Schedule 1 of the principal Act (Local Government: Municipal Systems Act 32 of 2000. The new item 2A provides that “A councillor may not vote in favour of or agree to a resolution which is before the council or a committee of the council which conflicts with any legislation applicable to local government.”
I trust you will find the aforesaid in order! Please inform those undemocratic alliance accordingly.
Thanks, Terrence. Input always appreciated.
I’m anti anything which hampers getting the job done. In this case, the Knysna Council should heed in-house legal advice, appoint the committee, and get on with the business of appointing a cheaper, yet qualified, Municipal Manager. Instead, party politics gets put first and us, the public, get put last. Utter bullshit.
When law is finally applied, i hope that the opposition parties will be constructive i.e. not be hypocrites and object to appointments based on their political affiliations.
Municipal positions must be apolitical otherwise their jobs can never be accomplished successfully. There must be no “cadre deployments” from either party.
Mike I do agree with you wholeheartedly.Lets get on with the job of serving all the poeple of Knysna equally. They deserve it!