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Mlokothi v Trollip and Others (193/2017) [2017] ZAECPEHC 43

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Mlokothi v Trollip and Others (193/2017) [2017] ZAECPEHC 43

6th September 2017

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1] The Constitution of the Republic of South Africa, 1996,  vests the executive and legislative authority of a municipality in its Municipal Council which is enjoined by s 54A (1) of the Local Government Municipal Systems Act[1] (the Act), to appoint  a municipal manager as head of its administration. During 2016, the second respondent advertised the post, inadvertently classified as City Manager, in a local tabloid. It is common cause that the applicant duly completed and signed the official application form thereby affirming the correctness of his responses to the questionnaire. Pursuant to a comprehensive interview process of the six short listed candidates, the applicant emerged as the preferred contender. It is furthermore common cause that on 27 October 2016, the municipal council (the council) resolved (i) to appoint the applicant to the post with effect from 1 December 2016, and (ii) that the then acting municipal manager, Mr Johann Mettler (Mettler) continue in his acting capacity until 31 December 2016.

[2] In its aftermath, a raft of missives were exchanged between the first respondent, the executive mayor, and the applicant. I shall in due course elaborate on its content, but am constrained to first continue with the sequelae of the appointment. On 25 November 2016, the first respondent notified the applicant that the council had resolved to rescind the decision to appoint him as its municipal manager and had, in his stead, appointed Mettler to the position. The aforementioned resolution galvanised the applicant into action and in due course ushered him through the portals of this court.

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