Patriotic Alliance hails Knysna High Court’s clarification of misinterpretation of SALGA rules. The party says the ruling removes need for “inherently dishonest process for political office bearer support staff appointments”

By: ANG Reporter

The Knysna High Court, in a landmark ruling on Tuesday 6 September, dismissed allegations by the Democratic Alliance (DA) regarding the appointment of political office bearer support staff.

In a statement the Patriotic Alliance (PA) said the court’s decision “crucially addressed a widespread misinterpretation by the South African Local Government Association (SALGA) regarding the applicability of Regulations 14 to 19 to such appointments”.

“The DA was arguing that the support staff in political offices should be appointed in what amounts to a sham process in which numerous candidates are shortlisted and interviewed (often three), when the only intention is to appoint the political office bearer’s chosen and trusted person, who must nevertheless meet minimum criteria and qualifications.”

“This “process” exposes municipalities and other arms of government to the legal risk that the candidates who have their time wasted during such a “process” have been unfairly prejudiced and could succeed in challenging their involvement in shortlistings and interviews for jobs they had no realistic chance of being employed in.”

“Previously, SALGA’s interpretation led to municipalities across South Africa expending significant resources in appointing political office bearer support staff, a practice now deemed unnecessary by the court.”

The DA, led by Councillor Julie Lopes, had challenged last year’s appointments in Knysna as unlawful and unconstitutional, resulting in public controversy and legal turmoil, including the dismissal of the chief of staff in Mayor Aubrey Tsengwa’s office.

The PA said the court’s decision, delivered by Judge Maher, clarified that political office bearer support staff appointments do not require adherence to the procedures outlined in Regulations 14 to 19.

“These regulations, which focused on advertising positions and forming panels, were found to be inapplicable to positions that demand a high level of trust and are inherent to the preference of the office bearer. This ruling signifies a major shift in the understanding and execution of such appointments within South African municipalities. By confirming that these positions are constitutional and legal when appointed in line with Regulation 21 of the Municipal Staff Regulations, the court has put an end to the unnecessary expenses incurred by municipalities under the previous misinterpretation.”

Advocate Tsele, Attorney Nandi Bulabula and Eugene Botha of the Patriotic Alliance’s Legal Affairs successfully argued against the DA’s position.

“The court’s rejection of the DA’s claims marks a substantial legal victory for the traditional appointment practices, which were long upheld across political parties in South Africa. The maligned former chief of staff, Michele Botha, steadfastly maintained the lawfulness of her appointment, and has been vindicated by this ruling.”

The PA said it now seeks an apology from Julie Lopes and her associates “for their earlier defamatory statements and actions”.

“This judgment is anticipated to halt the ongoing fruitless and wasteful expenditure across municipalities in South Africa, restoring a more efficient and traditional method of appointing political office bearer support staff.”