THE appointment of Ashmar Ranthekeng Khuduge as the municipal manager of the Rustenburg Local Municipality is being challenged in court, with the litigant asking that the appointment be declared “unlawful, irrational and invalid.”
In an application lodged in November last year in the Mahikeng High Court, former councillor Ratanang Nke sought to have the appointment of Khuduge as set aside on the grounds of illegality.
Nke argued in his court papers that the process leading to the appointment of the Khuduge to the post was characterized by grave irregularities.
“Upon the declaration of the vacancy in November 2022, the 6th Respondent (Khuduge) applied for the post...
“The position was re-advertised in March and April 2023 and what followed was a process which completely disregarded the Systems Act and the Regulations thereto in a desperate attempt by some of the members of the 2nd Respondent (The Council) to appoint the 6th Respondent (Khuduge).
Nke said that there was no council resolution approving the shortlisted candidates as required by the law, adding that the competency - assessments were conducted by a non-accredited service provider.
“The Report which was supposed to have been compiled by the panel as envisaged by the Regulations was not presented to the Council for consideration.
“The appointment thus proceeded on the basis of an incomplete report, which was not compiled by the panel, rendering the process adulterated with illegality.
“The adjourned Ordinary Council meeting which saw the appointment of Khuduge as the accounting officer of the municipality was an affront to the law in that It trampled upon Rule 10 of the Rules in that the councillors were not given the prescribed seven days' notice in respect of the appointment.
Nke claimed the notice was sent with an agenda and an Item report. The Item and its annexures were only circulated in the morning of the sitting and councillors were afforded only an hour opportunity to go through it.
“The adjourned Ordinary Council meeting's session dealing with the appointment of the municipal manager was done in-committee without any statutory justification,” read Nke’s court application.
Nke further alleged that a non-accredited service provider was used to conduct the competency assessment test for Khuduge.
“On the 5th of October 2023, I wrote an electronic mail to Mr. Jacky Маера (Mr. Maepa) of the National Department of Cooperative Governance (the Department's) Municipal Capacity and Administration, enquiring about the Department's contracted and accredited professional service providers for competency assessment for senior managers in municipalities.
Nke said Maepa requested Ms. Tina Andries (Ms. Andries) to assist with the questions that he had posed to the Department, and her response confirmed, among others, that: “The 8th Respondent (The South African Local Government Authority) is neither trained nor accredited to provide competency-based assessment services in municipalities. Over and above that, the 8th Respondent does not have legal basis nor authority to provide these services in local government,” read Nke’s court papers.
Khuduge said he could not comment because the matter was before the court.
“To comment on the pending court case is a breach of the sub judice rule and is considered contemptuous and disrespectful to the court, as a result, I will only comment on the matter after the court has pronounced itself on the issues serving before it.
“The Municipal Council and the MEC are also before the court and all the issues relating to my application, appointment and the decisions by MEC must first be ventilated by the court before I can comment or engage third parties including you on the matter.
“You may engage the North West High Court on the date the matter will be heard…
“I reserve my right to any available legal recourse should my good name be brought into disrepute as a result of reporting anything out(side) the ambits of this reply and/or contrary to the papers filed on record and also pending the court's decision,” said Khuduge.
Cogta in the North West said it would be guided by the decision of the court.
thabo.makwakwa@inl.co.za