Naledi Local Municipality and Others v Appolus and Others

The Naledi Local Municipality and its Council appointed Mr Modisenyane Segapo for a third term as Municipal Manager following a recruitment process initiated in late 2022. After an initial shortlist resulted in only one candidate, the post was re-advertised. Mr Segapo was again shortlisted, interviewed, and recommended by a selection panel that included the Mayor. Councillors and a senior municipal official raised concerns about procedural irregularities, including conflicts of interest and alleged nepotism involving the Mayor and Mr Segapo, as well as non-compliance with statutory regulations governing appointments. Despite these concerns and correspondence highlighting them, the Council resolved on 10 March 2023 to appoint Mr Segapo. The MEC for Cooperative Governance later declined to approve the appointment under s 54A of the Municipal Systems Act. The respondents successfully reviewed the appointment in the High Court, which set it aside and ordered a fresh recruitment process. The Municipality and others appealed to the Supreme Court of Appeal.

The appeal was dismissed. The High Court order reviewing and setting aside Mr Segapo’s appointment and directing the Municipality to initiate a new recruitment process was confirmed. The third to fifth appellants were ordered to pay the costs of the appeal personally, jointly and severally, including costs of two counsel.

This judgment reinforces that appointments of senior municipal officials are subject to constitutional legality review and not insulated by statutory oversight mechanisms involving the MEC. It affirms that councillors and municipal officials have standing to challenge unlawful exercises of public power, clarifies the interpretation of s 54A of the Municipal Systems Act, and underscores the importance of transparency, disclosure, and recusal in municipal recruitment processes.