Supreme Court of Appeal dismisses DA fight against Knysna staff appointments
The DA’s fight to overturn controversial political appointments in Knysna has hit a dead end.
On Monday, the Supreme Court of Appeal (SCA) ruled against the party, with Judge Fayeeza Kathree-Setiloane saying it was not in the interest of justice to even consider the appeal.
The dispute dates back to 2022, when the ANC-led coalition in Knysna created eight temporary support staff positions in the offices of the mayor, deputy mayor, and speaker.
The DA, led by former councillor Julie Lopes, went to court to challenge the appointments.
Lopes said the appointments were unlawful and violated municipal staffing rules.
The DA also argued the council did not properly consider budget implications or follow recruitment procedures before filling the posts.
The eight appointees included Michelle Botha, Marvine Plaatjies, Morton Gericke, Lorraine Helger, Moyisi Magalela, Nandipha September, Elrick Van Aswegen, and Michael Nogwaza.
Contracts were signed in October 2022 for six-month periods.
The DA initially took urgent action in the Western Cape High Court, asking for the appointments to be reviewed and set aside.
The court temporarily blocked the municipality from paying the staff, pending a full hearing.
Despite this, the council paid the employees for October before they vacated the posts at the end of November 2022.
The High Court later dismissed the DA’s case, finding the matter largely moot because the temporary contracts had expired and no practical relief could be granted.
The court also held that, as temporary appointments, the standard municipal staff regulations did not strictly apply.
The DA then sought leave to appeal, arguing that the council’s actions were unlawful and that it could be held liable for any irregular or wasteful spending.
The SCA agreed with the High Court that the appeal had no practical effect.
Kathree-Setiloane said the court cannot give opinions on hypothetical or future disputes and that there was no evidence the municipality intended to take any further action regarding the posts.
The appeal was dismissed with costs.
Meanwhile, IOL has approached the DA provincial spokesperson Matthew Sims. It will be added once received.
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