The Makhanda High Court has ruled against Enoch Mgijima Local Municipality (EMLM) community services and safety director, Linda Bolani, stating her appointment was invalid as she did not meet the job competency requirements.
Bolani was appointed in November 2019 for a contractual period ending November 30, 2024. However, on July 10, 2020 council resolved to relieve Bolani of her duties for reasons attributed to irregularity in the procedures attendant on her appointment.
The first applicant is the municipality and former administrator, Monwabisi Somana, is the second as instructed by council.
Bolani allegedly also offered bribes to a councillor (known to Komani-Karoo Express).
Judge Motilal Sunil Rugunanan last week ruled that Bolani’s CV showed that her tertiary qualifications relate mainly to horticultural studies and “she does not have the requisite knowledge of responsibilities” for the position.
He said the founding affidavit of the applicants put up a compelling case, demonstrating that the assessment was flawed in several respects and non-compliant. Bolani, according to the judge, had received a basic level (50%) on the competency framework assessment dealing with financial management, change management and governance leadership. She, however, achieved competent status and advanced in other competencies.
Rugunanan said Bolani had failed to “seriously and unambiguously” deal with the allegations by the applicants.
“Where she has sought to deny applicants’ interpretation of the regulations, she has not taken this court into her confidence and put forward her perspective of their interpretation. Indeed, in the limited instances where she has sought to join issue with certain allegations advanced by the applicants, she has relied on no more that assertions without providing evidence in support thereof,” he said. The case put by EMLM and Somana was unanswered and unanswerable.
He said the evidence of Bolani’s bribery to the said councillor was relevant. The councillor had been vocal at the meeting of July 10, 2020 to address the irregularity in Bolani’s appointment. The court said the conversation had been recorded by Bolani in a meeting without the councillor’s knowledge in September 2020, with the councillor submitting a confirmatory affidavit to the court.
“Other than maintain that it was the councillor who initiated contact with her, respondent does not dispute the offer made by her nor does she challenge the transcript and supporting documentation advanced by the applicants. Her approach evinces knowledge of impropriety in her appointment to the position in question. Her offer is nothing more than a self-serving and egregious attempt to undermine the rule of law,” Rugunanan said.
“The appointment by the first applicant of the respondent on November 29, 2019 and the contract of employment concluded between them on December 3, 2019 are declared invalid. The appointment and contract aforementioned are reviewed and set aside as a just and equitable remedy. The respondent shall pay the costs of the application,” Rugunanan said.
Bolani failed to respond to questions sent to her by Komani-Karoo Express on Wednesday, July 20 and July 21.
