Mnyimba’s appoinment null and void

Allen Paulse wins in the high Court

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Oudtshoorn. 5 June 2012. 13h35. Mr Justice André Blignaut this morning ordered as follows in the matter between Allen Paulse and the Oudtshoorn Local Municipality (click here) in the Western Cape High Court:

“The decision of the Municipal Council of the Oudtshoorn Local Municipality to appoint Mr T Mnyimba as municipal manager and any contract concluded in consequence of that decision, are declared to be null and void.”

This means that the Council has to start afresh with the appointment of a Municipal Manager as Thandekile Mnyimba is not suited for the position.

It is unclear at this time whether the Municipality will appeal the ruling.

There are two courses of action available to the Council: the unsuccesfull candidates can be interviewed again, and the best one appointed; or Council can elect to advertise the position again.

It is important to note that Judge Blignaut declined “to decide the issue concerning the alleged political interference in the election (of Mnyimba as Municipal Manager)” in the result of finding that Mnyimba is not a suitable candidate.

Given the alleged political influence, council’s political masters may well order that the position be advertised again to identify a cadre for deployment.

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8 thoughts on “Mnyimba’s appoinment null and void

  1. What an embarassment Mnyimba is for ODN with more of the same and many hollow promises.

    It was also very interesting to note that the investigating unit that replaced the Hawks is now serious about charging and prosecuting SAPS members not performing their duties. They said that if criminal cases are reported to SAPs and they in turn do not act and and pass these cases on to the investigating unit, it in itself is a criminal offense and grounds for prosecution against SAPS.

    Nou toe nou, so word hierdie politieke polisie lamgatte nou ook uiteindelik vasgevat wat gedink het ‘they are a law unto themselves !” Selebe, Cele, Mduli, any other takers……………??

  2. Ja well – no fine – 6 months down the track and his office does not even acknowledge correspondence addressed – as required – never mind a sensible caring response – to THE MUNICIPAL MANAGER?

    The MM’s “arriving press statement –

    “The former municipal manager of Ikwezi Municipality incorporating Jansenville, Waterford, Klipplaat and Wolwefontein in the Eastern Cape has started with the process of familiarising himself with the state of affairs of the municipality: “I am currently going through reports, council resolutions, strategic documents, interviews with staff members and urgent matters on my desk,” Mr. Mnyimba says.

    Mnyimba adds: “One of the first things council is going to do urgently is to craft a municipal turnaround strategy that will also include a Financial Recovery Plan. These documents must illustrate, amongst others, our commitment to improved communication with all our stakeholders.”

    “It is critical that we set up structures of good governance and instil discipline within the municipality. The Speaker will ensure that all councilors adhere to the code of conduct for councilors and I will ensure that all staff members sign and adhere to the code of conduct for staff members.”

    PS Jessie Duarte – ANC Luthuli House – has a lot to say about the parlous state of the ANC administration in Oudtshoorn – the “pot calling the kettle black” nogal! (More to follow)

    Lets hope the next incumbent performs to his word and designated function and responsibilities entrusted to this office by the residents of Oudtshoorn?

  3. Fedup I am behind you lets hold the councilors that voted yes, accountable as they new that he was not the best for position. The points scored was published in OO !

  4. Ed

    It strikes me, that as the courts avoided citing the obvious “political” gerrymandering by the ANC in this appointment, but rather laying the “fault” on the entire Council, the ratepayers will pay (or have already paid) for this “frivolous and wasteful expenditure for Mnyimba’s relocation costs, salary, perks and the like for the past months, instead of calling it for what it was, and therefore being able to lay this travesty where it belongs,and reclaim these not insignificant expenses – not to mention lack of accountability and service from this office, directly from the ANC?

    Are the Councillors (AN, ICOSA) who voted “as ordered” by their masters, going to be held personally accountable for their negligence, sheepish duty and dereliction of their “sworn” duty to the residents and ratepayers of Oudtshoorn, or do we just scratch this one up to yet more “experience?

    Makes you think?

  5. Does he have to refund his salary, perks, “free lunches” and the Audi?

    Maybe before he leaves he could answer my correspondence – JUST 1 please!, …… as a last favour?

  6. Ronnie Lottering….wees bang, wees baie bang !!!! Jy is volgende – ***, onbeholpe, incompetent verleentheid van n Direkteur jy moet ook waai. Jy moenie te gemaklik raak in jou seat nie Mr Poeier **** !!!

    Red: Ag nee wat, Timjan; ons is nie op ‘n voorskoolse speelgrond nie!

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