In a senior appointment to be overturned in the Knysna Municipality, Sandile Ngqele’s appointment as the director of community services has been declared unconstitutional, unlawful and invalid.
The Thembalethu Circuit High Court found that Ngqele’s appointment – remunerated at top scale – in 2021 was done without him having the appropriate experience and incumbent requirements for the position.
The Knysna Municipality said Ngqele remains in office until a council meeting scheduled for Monday, when the judgment will be considered.
The court decision comes on the heels of the ousting of former municipal manager Ombali Sebola after his appointment was declared null and void by High Court Judge Mas-Udah Pangarker.
Sebola was ranked as “needs development” in his assessment, opposed to two other shortlisted candidates who ranked as “advanced”.
In Ngqele’s matter, acting Judge Pillay’s judgment noted that, in terms of the Local Government: Regulations on Appointment and Conditions of Employment of Senior Managers, “selection must be competence-based to enhance the quality of appointment decisions and to ensure the effective performance by municipalities of their functions”.
Ngqele was appointed in the position over another shortlisted candidate who met the incumbent requirements.
According to the advertisement, the stipulated requirements included seven years’ relevant experience at senior and middle-management level, of which two years should be at senior management, preferably in the local government sector.
Ngqele’s CV detailed that at the time of applying for the position in 2021 he “held the position of senior manager: strategic services at the Mossel Bay Municipality from 1 December 2019 until present”.
“After a detailed comparison of the candidates on the long list, five candidates were proposed for shortlisting to the position. Ngqele was not among them. A councillor had proposed that Ngqele be added to the shortlist. The panel had declined to do so ‘as there was concern with regard to his lack of senior managerial experience’. After debate on this issue, the committee had decided to reconvene the next day to consider the inclusion of Ngqele on the shortlist.
“The panel reconvened on 25 March 2021 and after a detailed discussion it had agreed to include Ngqele on the shortlist,” court documents read.
An offer of employment, despite the Local Government MEC raising concerns of non-compliance and following a majority vote in council, was subsequently made to Ngqele.
He was offered an annual remuneration package of R1 133 463 – the maximum total remuneration package for managers directly accountable to the municipal manager.
Acting Judge Pillay said: “The employment contract and/or performance contract that the municipality concluded with Ngqele ... are declared unconstitutional, unlawful and invalid and is/are set aside.”
Ngqele declined to comment on the matter.
“No comment, I am yet to be advised by my team of lawyers,” said Ngqele.
Spokesperson for Local Government MEC Anton Bredell, Wouter Kriel, said: “We will be discussing the judgment.”
Knysna Municipality acting manager Setloane Malepeng said they would be able to respond to a request for comment after council had met.
“A council meeting is scheduled for Monday, 24 June 2024, where the judgment will be considered. Ngqele remains in office until then.”
Cape Times