Embattled Knysna municipal manager Ombali Sebola has failed in his court bid to remain in the senior position.
Sebola appealed against the court ruling which declared his appointment as municipal manager null and void after he was selected out of three applicants who had applied for the position.
Judge Mas-Udah Pangarker said in her latest ruling that in a supporting affidavit by Sebola’s long-standing attorney in this matter, it was pointed out that in the main application, Sebola had “accepted that he was unlawfully appointed by the Knysna Municipal Council (and) had thus accepted that his appointment was unlawful”.
“I must agree that the impression gained is that Sebola wishes to buy more time by occupying the position of municipal manager and to hinder the advertisement process and hence, the appointment process for a new municipal manager.
“The position of municipal manager is a senior position in a municipality, and the person holding that official position must be properly and lawfully appointed.
“Furthermore, the appointment holds significant public interest, more especially for the people of Knysna.
By continuing to hold that office in circumstances where it was accepted that the appointment was error-strewn and unlawful, and where the judgment set aside the appointment, taken with the factors mentioned above, amount to exceptional circumstances...
“Should he continue as municipal manager, decisions he makes as an unlawfully-appointed person would give rise to further unlawful decisions.
(This) would, in all probability, not only affect the finances of residents and taxpayers of Knysna, but cause potential harm and uncertainty in the Knysna municipality,” said Judge Pangarker.
Responding to the judgment, Knysna municipality spokesperson, Nwabisa Pondoyi, said a special council meeting would be held.
“We will only be able to respond after (the) council meeting. Sebola is currently on leave and our director for Planning and Economic Development, Ms Andiswa Dunywa, is acting,” said Pondoyi.
The DA had opposed Sebola’s appeal. Constituency head in Knysna, Dion George, said good governance needed to be restored in Knysna after Sebola “together with the ANC/PA/EFF coalition of corruption” collapsed service delivery.
“The DA will not tolerate any corrupt behaviour and is determined to restore good governance in Knysna.
That process requires Sebola leaving and the removal of the coalition of corruption. The people of Knysna deserve a government that will serve them and not the vested interests of the corrupt,” said George.
Sebola did not respond to a request for comment.
Prior to his appointment, Sebola was shortlisted with two other candidates during the selection process, through which all candidates underwent an assessment and interview process conducted by Roy Steele and Associates.
Compared to his counterparts who ranked as “advanced” during the assessment, Sebola’s outcome was that he “needs development as per written assessment/minimum competency course completed”.
Cape Times