The newly appointed regional manager in Dzanani was not deployed to this post by the ANC; he was simply the most suitable candidate for the job, following a proper recruitment process, said the legal representative of Mr Frank Chililo.
In a letter written by Adv Christopher Sioga, he takes exception to the fact that Chililo's appointment was described as cadre deployment in an article that appeared in last week's Limpopo Mirror.
"This insinuation that Mr Chililo's appointment is a cadre deployment is misleading to the public and damaging to the reputation of our client. Mr Chililo was appointed by the Municipality of Makhado after he applied for the job and attended an interview," he said.
Sioga said that positions in the municipality were open to everyone who qualified, irrespective of political affiliation. He argued that deployment meant something different. "For instance, an employee may be deployed for a specific purpose for a determined period until the task is finished," he said.
In last week's article, reference was made to the court case where four councillors of the Makhado Municipality had asked that Chililo's appointment be halted. One of the arguments raised in their affidavit is that the appointment was politically motivated.
Sioga also blamed the newspaper for being biased against his client. Limpopo Mirror first reported on the ructions within the municipality in its 15 November edition. The article focused on the urgent application brought before the court by four ANC councillors on 31 October. The hearing was postponed to 12 November but was struck off the roll.
In last week's edition, it was stated that the matter would be heard in court again on 29 November. This, Sioga pointed out, was incorrect. "The matter was struck from the urgent court roll due to the lack of urgency. The parties were requested to file heads of argument regarding who should bear the costs of the litigation. The deadline to file heads was 29 November 2024. So, it is again incorrect to mislead the public by stating that the matter would be heard again," he said.
A further point of contention for Chililo seems to be the reason for the initial postponement of the case. This, they argue, was not due to the voluminous reply from the Makhado Municipality's lawyers. (A replying affidavit of 1,447 pages was filed by the attorneys for the municipality.) It was reported that the postponement was to give the parties an opportunity to study the reply.
"Mr Chililo was not served with the papers; hence, he appeared in person without a legal representative. The court heard him and ruled that he was not served, and therefore the matter could not be heard. The court directed the parties to agree on a date for a hearing, and the parties agreed on the 12 November 2024 date. This agreement was then endorsed as a court order by Madam Justice DJP Semenya," he said.
Sioga ended his letter by again arguing that his client had not had a proper right to reply in an article that appeared in the 29 November edition. "We indicated to Limpopo Mirror that all councillors, including the applicants, sit on various committees. If you have read the answering affidavit of Mr Chililo, we indicated those applicants as members of the various committees as well. One of them was part of the Rules Committee, and another sat on the Ethics Committee. We further indicated that members of the committees do not have the power as purported. Otherwise, the applicants themselves should have the power too," he said.
"We also indicated the manner in which positions are established as the needs arise. But you chose not to include this response for the public because it clears our client of those allegations," he said.
The legal representative of the four councillors, Terrance Maluleke, said that they were waiting for the judgment on the costs. Once that has been delivered, they will decide on further steps.