The ANC caucus in the Makhado Municipality suffered a serious setback on Tuesday when a provisional interdict was granted in the Polokwane High Court, effectively preventing them from deploying their own candidate as the new chief financial officer (CFO) at the municipality.
The interdict was obtained by the current acting CFO of the municipality, Mr Godfrey Raliphada. He was one of three candidates shortlisted for the post and scored the highest in the evaluation. He was also the candidate recommended by the selection committee. However, the ANC's political management team (PMT) had different plans and pushed through a proposal to appoint Ms Mulatwa Thangavhuelelo, the current CFO of the Vhembe District Municipality (VDM).
This decision raised eyebrows as VDM has one of the worst financial track records in the province. In its latest report, the auditor-general (AG) pointed out that VDM's accounting systems are in complete disarray, with accounts not even going out to consumers.
None of this seemed to matter to the political role players, who appeared to have received firm instructions from the top. Amidst heated discussions and lots of shouting during several council meetings, the decision to appoint Thangavhuelelo was pushed through.
Two days after the decision was announced on 30 August, Raliphada filed papers in the High Court, making his intentions clear that he would not go down without a fight. In his court papers, he described the process as another example of cadre deployment. He also hinted that corrupt politicians are involved in the process, with their own ulterior motives for wanting to appoint a specific candidate.
The threat of litigation caused a stir within the local council, and an urgent meeting was arranged for Monday, 11 September. During this meeting, the council stuck to their guns but started backtracking on the reasons for Thangavhuelelo's appointment. While gender was previously used as an excuse not to appoint Raliphada, the council suddenly decided that he was not the best candidate. He was subsequently placed on special leave while the court processes continued.
During yet another heated council meeting on Monday, a decision was taken that the MEC for Cooperative Government, Human Settlement, and Traditional Affairs (COGHSTA) be requested to second an official to serve as CFO while the dispute continues. Raliphada will also return to work but only in the capacity of budget manager.
At the time of our going to press, the full details of Tuesday's ruling in the High Court were not yet available. However, an announcement was made that the interdict had been granted, preventing the municipality from appointing Thangavhuelelo. The return date for the parties to be back in court is 1 December.
The South African Municipal Workers' Union (SAMWU) and the Independent Municipal and Allied Trade Union (IMATU) welcomed the court ruling. The secretary of the local SAMWU branch, Mr Tsanwani Raduvha, said they were grateful that some arms of the State, such as the Limpopo High Court, still valued the rule of law and were willing to protect the rights of the oppressed. "We welcome the decision by the court to interdict this unlawful decision, and we will continue to support Raliphada, and we will win this case in the end," he said.
Raduvha said they had taken note of the council resolution to request an official from COGHSTA to act as a CFO, but thus far, no official had arrived. This raises fears that salaries and other bills will not be paid. "How does a municipality function without a CFO? It is embarrassing," he said.
Mr Mpho Mulaudzi, the chairperson of the local IMATU branch, also said that his union members were happy and confident that the court of law would resolve the matter in favour of Raliphada. He was very sceptical about whether the council could simply ask COGHSTA to send someone to act as CFO. "The Municipal Systems Act permits the MEC to approve [such an appointment] if we are under administration or in a crisis, but we are not," he said. Mulaudzi said that Raliphada had a strong case because he had been denied several rights. He referred to Section 33 of the Constitution, which provides that everyone has the right to administrative action that is lawful, reasonable, and procedurally fair. "So they stopped him from acting as CFO because he has lodged a grievance. Now they are intending to add an unreasonable burden to COGHSTA, which we find very baseless. They are trying to 'unscramble a scrambled egg', but it's too late," he said.
The representative of the Democratic Alliance (DA) in the council, Ms Glenda Furumela, also welcomed the interdict obtained in the High Court. "Our main concern is that money meant for service delivery is paying for lawyers [to fight this case]. It is clear that the ANC does not respect taxpayers' money and voters," she said. Furumela said that as the DA, they were going to take action to ensure that the legal costs were paid by the people responsible for the mess that the council now found itself in.
Council's spokesperson, Mr Louis Bobodi, did not want to comment, saying the issue was before the court. He also did not want to elaborate on what will happen next.