The High Court has ordered the ||Kharas Regional Council to promote its employee, Barendt Both, to the position of Deputy Director of Administration.

The order follows the council's overturning of Both's appointment against an interview panel as well as the Public Service Commission's recommendation.

The order was issued in a judgment delivered by the court on 11 April.

Failure by the council to comply with the order within 30 days would lead to its chairperson, Joseph Isaack, being held in contempt of court and sentenced to thirty days of imprisonment.

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

Both sought legal recourse in the High Court after the council's alleged non-compliance with an arbitration award.

The arbitration award directed Both's promotion and backdated remuneration effective from 1 April 2022.

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

Approached for comment, Isaack expressed the view that there is a misunderstanding, as he believes he should not be held in contempt of court since he is not the appointing authority.

"But, nevertheless, 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."

Isaack also stated that the council will pronounce itself on the judgment after it reviews it.

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Luqman Cloete