By Maanda Bele and Bernard Chiguvare
Efforts by four Makhado councillors to prevent one of their former colleagues from being appointed as manager of the Dzanani Regional Office were thwarted on Tuesday when the Thohoyandou High Court refused to entertain their urgent application. The application was struck off the urgent roll, and the parties will now have to argue over who should bear the court costs.
The Makhado Municipality councillors - Lorraine Mashamba, Trinity Tiyani Makamu, Mpho Mukosi, and Khuliso Mukheli - first approached the High Court on 31 October this year. They filed an urgent application to stop Frank Chililo's appointment as the senior official in charge of the Dzanani Regional Office. Chililo, a former ANC councillor, had resigned shortly before taking up office in this position.
The councillors argued that his appointment was unlawful and irrational. Several respondents are cited in the court documents, including the municipal manager, the mayor, the chief whip, and the Speaker. The Limpopo Department of Cooperative Governance, Human Settlements, and Traditional Affairs is also listed as a respondent.
The hearing on 31 October did not last long. Half an hour before the hearing, the lawyers representing the municipality submitted a 1,447-page replying affidavit. The presiding judge chose to postpone the matter to 12 November, allowing the applicants and the respondents time to review the documents. Chililo also requested time to appoint his own legal representative.
The parties returned to court at Tshilamba on Tuesday, where the matter was heard before acting judge Elvis Matumba. The defendants objected to the way the application was brought before the court and asked the judge to rule on certain technical issues. It was also argued that the matter was not urgent.
After hearing some of the arguments, Judge Matumba ruled that the matter was not urgent and struck the case from the roll. The case will now have to be placed on the normal court roll if the applicants wish to continue.
What is the issue about?
The four applicants argue that Frank Chililo, while still a councillor, had been closely involved in creating the post of regional manager in Dzanani. He was a member of various committees, including the Local Labour Forum and the Rules Committee, which participated in establishing the post and determining its requirements.
They also argue that he had had the power to influence the selection panel, all of whom were managers appointed during his tenure, and that he had potentially benefited from personal relationships with them. Because Chililo resigned as a councillor shortly before taking up the position of regional manager, suspicions were raised about whether fair procedures were followed.
In the court papers, the applicants claim that Chililo does not have the necessary qualifications and experience for the position. The post advertisement required a degree in a relevant field and five years of experience in public administration, qualifications that Chililo, who holds a degree in environmental science, does not possess.
They also contend that his appointment was politically motivated, rather than merit-based.
What is the defence?
In the voluminous replying affidavit, the respondents challenge the procedures followed to bring the matter before the court. They argue that the short time period provided for preparation was insufficient, and that there was a lack of merit in the application.
The respondents also question the councillors' eligibility to bring such an action, asserting that they, as elected municipal councillors, should have addressed the issue through council meetings or initiated a self-review process, if necessary.
The reply states that the applicants had ample opportunity to intervene during the interview process, which they were aware of, but chose not to.
The defendants further argue that not all relevant parties were listed. They highlight that any court order could affect the rights of other candidates with a direct interest in the matter.