Cape Town - The Western Cape High Court has declared the appointment of controversial Patriotic Alliance (PA) member Truman Prince in the Central Karoo District Municipality null and void.
Prince was appointed as the municipality’s acting manager in February, after the resignation of Zwelithini Nyathi.
The matter landed in court after provincial government MEC Anton Bredell indicated that Central Karoo mayor, Gayton McKenzie, “ignored” his recommendation to terminate Prince’s appointment, charging that Prince did not have the relevant experience at senior management level suitable to hold the position.
“It is common cause that Prince served as municipal manager at the municipality during the period December 20, 2004 to August 27, 2007.
“That constitutes continuous service at that level for two years and eight months. But that period of time is not enough to permit Prince to be considered now for the position of acting municipal manager,” read the judgment.
High Court Judge Patrick Gamble said it was correct that to qualify for an acting appointment as a municipal manager, a candidate must have been duly appointed to a senior management-level post.
“The fact that someone may have rendered yeoman-like assistance to fill a vacancy without having been appointed into that position does not meet the experience requirement stipulated in the regulations.
“Prince was never in a senior management position and could not supervise staff in middle management positions as this would lead to the untenable situation where he would have to supervise himself,” he said.
Judge Gamble declared Prince’s appointment null and void, and Prince and the municipality were ordered to pay the costs.
Prince told the Cape Times on Monday that he would challenge the court ruling.
“We will appeal and challenge the ruling. We will fight because I have the qualifications and the experience. It is the people who wanted me to be the leader, I will only step down when they want me to. But I will never step down for Bredell,” he said.
PA spokesperson Steve Motale referred questions to the municipality. “The PA does not hire municipal officials, including the one you are enquiring about.”
Bredell’s spokesperson Wouter Kriel said that they welcomed the judgment.
“We are pleased with the judgment, it confirms our interpretation of the laws that regulate municipal appointments,” he said.
Beaufort West community activist, Brian Jooste said he previously “warned” Prince about McKenzie. “I’ve done my best to warn people against this man, and now his actions are costing both the municipalities a lot of litigation fees.
This is not the first high court case, and it won’t be the last,” he said.
The municipality could not be reached for comment on Monday.
Cape Times