Judge J Swanepoel ruled that the municipal council must appoint an acting municipal manager in terms of the Municipal Systems Act.
Walter Phala was appointed by the PER, Katlego Terrel Gabanakgosi, in October after former municipal manager Quiet Kgatla was suspended.
Judge Swanepoel questioned whether the provincial executive had the authority to confer such powers on the PER, stating that Gabanakgosi’s Terms of Reference did not explicitly give him the authority to appoint an acting municipal manager.
“I have my reservations whether the provincial executive was in any event empowered to confer the authority to appoint an acting municipal manager upon the PER.”
The respondents, Gabanakgosi, Madibeng Municipality and Phala, argued that an earlier court order had authorised the PER to appoint an acting municipal manager.
The judge rejected this argument, stating that if the PER’s Terms of Reference did not confer such authority on him, “which I doubt, then an order of Court cannot do so.”
He ordered that Phala be interdicted from holding himself out as Acting Municipal Manager or performing any of the duties and functions of the position.
The court further interdicted Gabanakgosi from implementing the appointment decision or appointing any person as municipal manager or acting municipal manager without a resolution of the municipal council in terms of section 54A of the Municipal Systems Act.
The Speaker of the municipal council was ordered to convene a special council meeting within five days to consider and decide on the appointment of an acting municipal manager.
The ruling is an interim measure while the EFF’s main court challenge, questioning the legality of Gabanakgosi’s decision to appoint Phala, is pending. The court has not yet made a final ruling on the lawfulness of the appointment.
