This week the Cape High Court ruled that the City Manager of Drakenstein Municipality can stay in his position until it makes its final decision.
Earlier this year Paarl Post reported that Dr Johan Leibbrandt who, despite reaching retirement age 65, was still in his post as City Manager.
The municipality advertised the position, but it told Paarl Post no satisfactory applications were received, and it submitted a waiver application, for Leibbrandt to remain in his post for a further term of five years.
This was not approved by the Minister of Cooperative Governance, and the municipality set out to challenge the minister’s decision in the High Court.
The court partly ruled in the municipality’s favour, that Leibbrandt remain City Manager pending a final decision. This was outlined in a municipal statement released on Monday.
It begins: “The High Court application in the matter of Drakenstein Municipality versus the Minister of Cooperative Governance and Traditional Affairs, challenging the minister’s decision not to approve the waiver application for the City Manager to remain in office for a further term (effectively ignoring a unanimous Municipal Council decision), was set down for hearing this morning, 22 August 2022, in the Cape High Court.”
The municipality said the court application was served on 27 June, and the State Attorney, on behalf of the minister, delivered a notice of opposition on 14 July. “Thereafter no further steps were taken to deliver a Rule 53 record, to respond to correspondence or to file an answering affidavit to the application. The High Court this morning granted Drakenstein Municipality an order for interim relief that is effective until the final determination of this matter.”
The municipality explained the practical implications of the order:
1. The Minister will not implement the waiver decision dated 28 February 2022;
2. Leibbrandt will continue to serve as City Manager of Drakenstein Municipality on the same terms and conditions as currently relate to the position; and
3. The application be postponed to the semi-urgent roll on 1 February 2023.
Mayor Conrad Poole welcomed the courts decision: “I am pleased the municipality has been successful in the first part of our court application, and relieved that administrative stability, with Dr Leibbrandt as City Manager, Accounting Officer and Head of the Administration, is secured for the foreseeable future.
“This is reassuring not only to our ratepayers, councillors and staff, but also to businesses and developers in Drakenstein, for whom a stable municipality and good governance are key.”
