DA Prevails in Court to Annul Bitou Municipal Manager's R4M Settlement

In a significant development, the Democratic Alliance (DA) has successfully challenged the mutual termination agreement and R4-million settlement awarded to former Bitou municipal manager, Mbulelo Memani. The Western Cape High Court has ruled the settlement, which had come under fire for its lack of transparency and hefty sum, to be invalid, throwing the Bitou Municipality's governance into the spotlight.

Months after his separation from Bitou Municipality, involving the contentious severance package, Memani found reappointment as the acting municipal manager - a move that sparked intense debate and scrutiny. Concurrently, the political landscape of the municipality shifted, with the DA-led coalition coming to power and ushering in Jessica Kamkam as the new mayor. This leadership change precipitated the court action against the settlement, previously authorized by former Plett Democratic Congress (PDC) mayor Claude Terblanche during his tenure.

The crux of the DA's legal contention was the appropriateness of the settlement. Instead of a costly termination, the DA advocated for Memani to be subjected to internal disciplinary proceedings, should the allegations of misconduct bear merit.

The High Court's judgment repudiates the mutual termination agreement, obliging Memani to refund the settlement amount. Additionally, the legal firm representing Memani must return the funds it received relative to the agreement. However, the way forward is uncertain, particularly concerning the disciplinary actions Memani might face over the original misconduct allegations that led to his suspension and the subsequent legal battle.

Bitou spokesperson Andile Namntu has indicated that a special council meeting will be scheduled to deliberate on the judgment and its implications for the municipality. This decision follows a requisition by ANC councillor Samkele Mangxaba for clarity from the Western Cape MEC for Local Government, Anton Bredell, regarding the reappointment of Memani, which seemed to have contravened certain employment guidelines.

Addressing the legal victory, Mayor Jessica Kamkam highlighted the case's emphasis on the importance of adherence to legislative frameworks in municipal governance and reaffirmed the DA's commitment to upholding accountability.

Further questions arise about Memani's tenure in public service, given his controversial history in neighboring municipalities such as Knysna, which he left amid incomplete disciplinary reviews.

As the Bitou saga unfolds and legal processes continue to shape the administration of the municipality, the DA's role in demanding accountability stands out as a pivotal example of checks and balances in action, though the full impact on the community's governance remains to be seen.