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Despite an ongoing court challenge on the lawfulness of the appointment of the current Acting Director of Corporate Services in Knysna, the Council has resolved to extend his tenure again.
Luvuyo Loliwe has been acting in the position since 16 September 2022 and was meant to be in the post for three months or until the position if filled.
At a special Council meeting on Wednesday, the ANC-led coalition voted in Loliwe again, as his three months extension was set to expire on Monday.
ANC councillor, Thando Matika, proposed the extension, which was seconded by the deputy mayor, Alberto Marbi, who later withdrew his decision of support.
However, Patriotic Alliance, councillor Beauty Charlie, stepped in to second the proposal, and when the voted ended in a stalemate, Speaker, ANC councillor, Mncedisi Skhosana, used his casting vote to extend Loliwe’s tenure.
Prior to the vote, Councillors were engaged in a robust debate with opposition councillors who cautioned against the appointment as the matter was still before the courts.
Court Action
Last month, Western Cape Local Government Minister Anton Bredell, took the matter to court in a bid to set aside what he deemed were the “unlawful appointments” of Loliwe and the current acting Chief Financial Officer, Londiwe Sotshede.
However, the high court dismissed Bredell's application for an interim interdict on the grounds that it was not urgent and also pending the hearing of the main application.
The Court has yet to rule on the matter.
Bredell, inter alia, asked the court to order that the appointments of Sotshede should not be extended any further.
However, Sotshede’s appointment was extended on February 14.
Loliwe (above left) and Londiwe Sotshede (above right).
Lengthy council debate
DA councillor, Peter Bester, asked that the matter be postponed to Monday.
Knysna Independent Movement councillor, Susan Campbell, cautioned that Loliwe should not have been appointed in the first place, as he did not meet the requirements to act in the position.
“The Municipal Systems Act read in conjunction with the Municipal Finance Management Act, says he should not have held the position. He cannot act for more than three months without the permission of the MEC and he does not have the two years of experience required to act in the position."
Supporting the extension of Loliwe's appointment, Patriotic Alliance councillor, Beauty Charlie, asked if there was a university where graduates will get experience.
She said that the municipality must give experience to workers and "not gate-keep positions."
“The MEC must look at these by-laws,” Charlie said passionately.
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