Tshwarelo Hunter Mogakane
Pretoria - The North West Division of the High Court in Mahikeng has dismissed an urgent application to declare as unlawful the appointment of Lesego Seametso as municipal manager of the City of Matlosana local government municipality in that province.
Ngoako Malatji, a lecturer and programme champion at Wits, also asked the court to declare unlawful the municipality’s contract with Seametso after he (Malatji) did not succeed in being appointed as manager of the entity.
Malatji argued that the Department of Local Government, Human Settlements, and Traditional Affairs ignored a report from the selection panel that conducted the interviews, which gave him the highest score among the three candidates. “During May 2022, the City of Matlosana Local Municipality advertised the post of municipal manager. Of the number of candidates who applied, no more than three were shortlisted and interviewed.
“Following the interviews, I was informed by the mayor that I had been recommended as the best candidate for appointment, as I was suitably qualified in terms of both working experience and educational qualifications,” Malatji told the court.
He said a few months later, on October 11 and 12, he and fellow candidate Seametso travelled to Midrand to undergo compulsory competency assessments.
He said he was surprised at his overall competency score. Malatji told the court that he requested a re-assessment following the unsatisfactory score he obtained from the private company that had conducted the competency evaluation.
He said when he enquired about his request, he was advised to approach the department, which had the power to agree that he should be re-assessed, preferably by a different company.
“The outcome of the competency assessment was of concern, given my qualifications and experience in local government.
“I suspected that the assessment reporting was manipulated. Even before the assessment feedback was given to us as candidates, there was already information circulating around the municipal area on how the results were being manipulated.”
The court heard that the department had referred Malatji’s dispute back to the municipality, which eventually rejected it.
Malatji convinced the mayor to allow him to be reassessed, which the mayor agreed to, on condition that the complainant paid the cost of the re-evaluation.
Malatji told the court that his new results were impressive and were sent to the municipality within the deadline for the submission of assessment reports.
The court heard that Malatji further attempted to interdict the municipal council from appointing any candidate before considering his new assessment results.
“On December 22, I became aware that on the same day the municipal council met. At that meeting a decision was taken to appoint Ms Seametso.
“It is unclear to me how the municipal council reached its decision, since I had been informed earlier by the mayor that in the selection panel’s report I was the first choice, and that I had scored an overall achievement level of competence.”
He requested the court to review and set aside the council’s decision to appoint Seametso. “There is no doubt that the municipal council’s decision adversely affects my rights. As stated, the decision simply excludes me without providing for a fair process,” Malatji told the court.
However, the North West High Court dismissed Malatji’s application on the basis that it lacked urgency.
Malatji has yet to indicate whether he will pursue the matter further.
Pretoria News