High Court orders //Kharas council to promote employee after appointment snub

Following a court order, the //Kharas Regional Council has been directed to promote an employee after deviating from hiring recommendations and a subsequent legal battle.

The High Court has ordered the council to promote employee Barendt Both to the position of deputy director of auxiliary services and administration.

The court order follows the //Kharas Regional Council’s variation from the recommendation of the Public Service Commission (PSC) and an interview panel to appoint Both to the relevant position in 2022.

The council appointed the second-best candidate instead.

Both took his case to the Office of the Labour Commissioner, which issued an award directing his promotion and backdated remuneration from 1 April 2022, which the council refused to comply with.

After obtaining this reward, Both says he reported for duty and was informed by then acting chief regional officer Bennie Diergaardt and the deputy director of human resources management that the //Kharas Regional Council would appeal the award.

Both says he requested a copy of the appeal, which was allegedly refused.

The respondents, Joseph Isaacks and four others, did not attend the arbitration hearing, alleging that the notice for this had been served at the wrong office.

The court order states Diergaardt indicated that he personally submitted the notice in October 2022 and the postponement notice to 7 December 2022 to the first respondent when he received it from the Office of the Labour Commissioner.

Upon the councils’ non-compliance with the labour commissioners arbitration award, Both sought legal recourse in the High Court.

Then council chairperson Isaacks said there were two positions – one of the deputy director of auxilliary services and administration, and deputy director of finance.

Isaacks said the PSC recommended Visagie for the finance position.

He said the matter came to the management committee in November, which was constituted by Landless People’s Movement (LPM) members only.

Isaacks said Anneseline Beukes proposed Cecillia Appolus, currently acting in the position, to be appointed, which he seconded. Witbooi at the time proposed that Visagie be appointed, for which there was no secondment.

For the administration position, the PSC recommended Both, but the council appointed Engelhardine Geises.

“PSC recommendations are subject to approval. And in a previous court case the law read that where there is a variation from the PSC recommendation by the regional council, the variation stays,” Isaacks said at the time.

The High Court issued the order in a judgment delivered on 11 April, and said failure to comply within 30 days would lead to Isaacks being held in contempt of court and sentenced to 30 days’ imprisonment.

The court also ordered that costs be paid by the respondents, Isaacks and four others.

Isaacks said the council is expected to convene a meeting to decide on the way forward, and will pronounce itself on the judgement after council members have reviewed it.

“I will convene a meeting with the council, and the council will take the decision on whether we will comply with that judgment or not, because the council is the appointing authority, not the chairperson.

“And for that reason, the council will come up because it is also strange judging from the factors how the court arrived at such a decision. However, I will not divulge anything further,” Isaacks said.