DA loses Kouga appeal

2013-11-26 21:19
(Picture: Sapa)

(Picture: Sapa)

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Bloemfontein - The Supreme Court of Appeal (SCA) dismissed a DA appeal on Tuesday for a review of the appointment of senior managers at the Kouga municipality.

The DA had challenged the Eastern Cape municipality’s appointment of several directors on the grounds that this was against the requirements of the Municipal Systems Act.

The Eastern Cape High Court dismissed the application, but granted the opposition party leave to appeal to the SCA.

On appeal, the DA contended that there had been no consultation with the municipal manager, as was required by the act.

The DA further submitted that, in the absence of an approved organogram, the contracts of employment were invalid by virtue of provisions of the act.

The SCA rejected both grounds.

The court held that, according to the act, the decision to appoint managers had to be taken after consultation with the municipal manager. This had happened.

The SCA called attention to the high court's approach and said its judgment was "rather cryptic".

The court noted that leave to appeal was granted without reasons being given, which left the SCA none the wiser as to the considerations that weighed with the lower court.

The SCA said it was left with no guidance as to why the matter was thought to be deserving of its attention.



Read more on:    sca  |  da  |  east london  |  politics

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