Barnes v Mangaung Metropolitan Municipality and Another

The Mangaung Metropolitan Municipality advertised the position of its first executive head of the metropolitan police service (metro police chief) in July 2017. After a shortlisting and interview process, the municipal council appointed the second respondent, Mr Ketsebae Israel Kgamanyane, with effect from 1 January 2018. The appellant, Mr Adrian Paul Barnes, was an unsuccessful candidate. He brought an application in the Free State Division of the High Court to review and set aside the appointment, contending that only a registered traffic officer could lawfully be appointed as metro police chief. It was common cause that Mr Kgamanyane was not a registered traffic officer. The High Court dismissed the review application, and Mr Barnes appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, limited to the costs of one counsel.

This case clarifies the interpretation of section 64D of the South African Police Service Act and confirms that, for the appointment of the first metropolitan police chief, the only statutory requirement is that the appointee be a fit and proper person. It affirms the principle of legality and provides authoritative guidance on the distinction between initial and subsequent appointments within municipal police services.