Africa-Press – South-Africa. Adriaan Paul Barnes, the man who wanted the Supreme Court of Appeal (SCA) in Bloemfontein to review and set aside the appointment of Israel Kgamanyane as Mangaung metro police chief, lost his appeal bid on Monday.
In 2017, Kgamanyane and Barnes were the two shortlisted candidates vying for the top position. However, when the Mangaung Metropolitan Municipality appointed Kgamanyane, the decision did not sit well with Barnes.
He then approached the Free State High Court in Bloemfontein to review the decision but failed.
The court, however, gave him the go-ahead to appeal at the SCA.
In his review application, Barnes relied on section 64D of the South African Police Service Act, saying it required the appointee to be a registered traffic officer in terms of the Road Traffic Act.
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He said Kgamanyane was not registered as a traffic officer, and only a registered traffic officer could lawfully be appointed as metro police chief. Therefore, Kgamanyane’s appointment was not competent in law.
According to the SCA, Barnes added that since Kgamanyane was not a metro police officer, the municipality lacked the power to appoint him.
However, Appeal Court Judge Trevor Richard Gorven disagreed, saying if it was a requirement that the appointee had to be registered as a traffic officer, that requirement was not met on the facts before the SCA.
The judge said:
He added that section 64D of the South African Police Service Act required the municipality to “appoint a fit and proper person” as metro police chief.
“This is the single requirement. The words do not specify that any other criteria need be considered,” he said.
“The submission that a municipality must include a requirement that the first metro police chief be registered as a traffic officer in order for the appointee to be a fit and proper person, therefore, does not pass muster.”
The appeal was dismissed with costs.
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