AfriForum wins appeal against eMadlangeni Municipality
Should any municipal officer not have the necessary qualification to hold a specific office, AfriForum will follow the necessary steps in towns where it has branch structures.
Issued by AfriForum
AFRIFORUM’S appeal case against the eMadlangeni Local Municipality in terms of the Promotion of Access to Information Act, 2000 (Act No 2 of 2000) (PAIA) was heard by a full bench of judges in the High Court in Pretoria this week, where the appeal was upheld and a cost order granted.
This means that the Municipality must release the details of the qualifications of its officers.
“AfriForum’s Utrecht branch submitted various applications in terms of this legislation to obtain the qualifications of municipal officers. The PAIA legislation clearly states that everyone has the right to access to information in possession by the State or a person that is necessary to protect or exercise rights. According to applicable legislation and regulations, municipal officers should comply with minimum requirements,” said Eugene van Aswegen, AfriForum’s Regional Coordinator for KwaZulu-Natal (North).
It is an important victory for AfriForum, as well as communities country-wide, to hold municipalities accountable for being mismanaged and incompetent. Should any municipal officer not have the necessary qualification to hold a specific office, we will follow the necessary steps in towns where we have branch structures.
The judgement makes it possible to take to court any municipal officer who refuses to disclose his/her qualifications. Incompetent and unqualified personnel add to poor management and infrastructure decline,” said Charles Castle, AfriForum’s Legal and Risk Coordinator.
“AfriForum is of the opinion that not all officers are qualified to hold office. We also find that positions are filled by unqualified people, after which they are sent for training – for which tax-payers have to pay,” added Andre Homan, the Chairperson of the AfriForum branch in Utrecht.
AfriForum will continue to ensure that other municipalities also meet minimum requirements in terms of legislation.
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