By Anton van Zyl and Kaizer Nengovhela
In a surprising turn of events, the acting chief financial officer (CFO) of the Makhado Municipality filed court papers last Friday, 1 September, in the High Court, stating his intention to request an interdict to prevent the municipality from appointing a new CFO. In his court papers, he also insinuates that the decision to appoint a political "favourite" is part of a cadre-deployment strategy driven by a group of politicians with ulterior motives.
During a council meeting held on Wednesday, 30 August, the decision was made not to appoint Mr Godfrey Raliphada, the candidate identified as the most suitable by the selection panel. Instead, the ANC's political management team pushed through the appointment of Ms Mulatwa Thangavhuelelo, the current CFO at the troubled Vhembe District Municipality (VDM).
Mayor Samuel Munyai justified the decision by citing the need to promote gender equity in the municipality, which opposition parties labelled as a "last-minute excuse". This move to go against the recommendation of the selection committee faced strong resistance from labour unions and other political parties. Workers at the municipality also initiated a go-slow strike to express their discontent with political interference in the municipality's affairs.
The two labour unions, SAMWU and IMATU, both threatened legal action over the appointment, while the Economic Freedom Fighters announced their intention to challenge the decision in court. As of now, only Mr Raliphada has filed court papers in the Limpopo Division of the High Court in Polokwane.
Raliphada's court papers provide a detailed account of the processes followed and the extent of what he describes as "procedural unfairness and the abuse of powers". He asserts that the application is about the "abuse of powers, illegality, irrationality, and procedural unfairness".
He provides detail of the process that started on 13 November 2022 when the post of CFO was advertised. No mention of gender equity requirements was made in the advert, and this was also not set as a criterion for the selection committee. He argues that adding requirements after a panel has made its recommendations is unlawful. Three male candidates and one female candidate were shortlisted, which strengthens his argument that gender was not something that needed to be considered.
The selection panel met on 19 January this year and Raliphada performed better than the other candidates by a noticeable margin. His track record was also considerably better than those of the other candidates. Raliphada has served as acting CFO since 2020 and in this period the Makhado Municipality received three unqualified audit reports from the auditor-general.
The reason for the delay in appointing the best candidate became clear last month when word got out that the instructions from high-level politicians were that Thangavhuelelo be appointed. This, Raliphada believes, is another example of cadre deployment.
"In South Africa, the transition from a politically sanctioned, racially segregated society to a democratically based administration was, on all levels, an overwhelming task. In a greater extent, the [practice of] cadre deployment has been seen eroding the most critical and important traits of what the just administrative action is all about and further compromises service delivery by undermining due processes," he states.
Raliphada points out that the cadre-deployment practices have caused immense harm to municipalities countrywide. "It has bankrupted municipalities. I have worked hard with my other colleagues to restore the reputation of the [Makhado Municipality] when it comes to management of finances and reputation of quality-of-service delivery. I submit that it is unfair that I be victimised for not bending when it comes to unlawful use of the public funds by paying unscrupulous service providers linked to cabal of politicians. The court must frown at this tendency," he says.
Raliphada's application is set to serve before the court on Tuesday, 12 September. The nine respondents, which include the mayor, the Chief Whip, the MEC for Coghsta and even Ms Thangavhuelelo, had until Monday (4th) to indicate whether or not they would oppose the application.
Raliphada also asks the court to impose a cost order on those who oppose the application. He asks that this be done in a personal capacity for "any of the respondents who opposes this application using public funds and found to have done so in an unreasonable and irrational manner, abusing state powers and state resources."
From what could be established, the ANC caucus met on Monday to decide on what steps to follow. The Makhado Municipality's spokesperson, Mr Louis Bobodi, confirmed that the municipality had received the court documents. He said that they were still waiting for the council to decide whether they would oppose the application or not.
The chairperson of the local branch of the Independent Municipal Allied Trade Union (IMATU), Mr Mpho Mulaudzi, said that they were concerned that the municipality would waste more money on legal fees by challenging Raliphada's application for an interdict. He said the municipality was hell-bent on appointing Thangavhuelelo, despite its being clear that Raliphada was the best person to do the job. "Individuals that want Thangavhuelelo here must take it upon themselves to appeal, using money from their own pockets," Mulaudzi said.
According to Mr Tsanwani Raduwa, the secretary of the local SAMWU branch, they will be supporting Raliphada in his quest for justice to prevail. They also believe Raliphada should have been appointed as he was the best candidate.
The Democratic Alliance's councillor in Makhado, Ms Glenda Furumela, said that her party had voted against the council resolution to appoint Ms Thangavhuelelo. The DA believes the decision was in contravention of the Municipal Systems Act. She said that they supported the right of the employee to approach the court and ask for its intervention.
The Economic Freedom Fighters' Cllr Wiseman Ramalwa said that his party applauded Raliphada's brave move to file an urgent application and fight against what he described as "administrative injustice and political interference" from the ANC.