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The urgent application to interdict the municipality from re-advertising the posts was heard before Judge TC Tshidada on Monday (23rd) during a sitting in Waterval. He agreed with the applicants and ordered the municipality to halt the process, pending the outcome of the application.

Court puts a stop to Musina 'cadre deployment' process

 

The Musina Municipality has been accused of political game-playing, reckless cadre deployment, and a disregard for legislation, following Monday’s ruling in the Limpopo High Court, which ordered the municipality to halt its recruitment process for 28 posts.

The urgent interdict was obtained by two applicants who responded to posts advertised in June last year. Rabelani Peter Gadabeni and Peter Musapa Chauke applied for general worker positions, were interviewed, and were shortlisted.

The appointment process took several months, with additional interviews held in January and March this year. Gadabeni and Chauke were among those interviewed on 22 March.

In the court papers, the applicants argue that feedback from the municipality has been minimal. In May, they sent a letter to the municipality inquiring about the progress and were assured that the process was not yet completed and that they would be informed of the outcome.

The posts were readvertised in July, but Gadabeni and Chauke were seemingly unaware of this development. They also argue that the decision to re-advertise the posts was not condoned by the council.

Upon learning of the developments on 11 September, Gadabeni and Chauke opted to take legal action to stop the municipality from proceeding with a new recruitment process. Legal papers were served on the municipal manager, representing the municipality, on 15 September.

In the court papers, the applicants argue that readvertising the posts is unlawful. They contend that the relevant regulations do not empower the mayor, the Chief Whip, and the Speaker of the municipality to act as they did.

According to affidavits filed by Gadabeni and Chauke, the regulations clearly set out the process for filling vacancies in the municipality, stipulating that the selection committee must make recommendations to the municipal manager, who cannot ignore these recommendations and act on third-party advice.

The urgent application to interdict the municipality from re-advertising the posts was heard before Judge TC Tshidada on Monday (23rd) during a sitting in Waterval. He agreed with the applicants and ordered the municipality to halt the process, pending the outcome of the application.

The court’s decision to temporarily halt the recruitment process was welcomed by several parties, including major labour unions.

Khodani Magwira, an executive member of the SA Municipal Workers Union (SAMWU) at the Musina Municipality, said it was high time the political leadership stopped playing games. She stated that vacant posts within the municipality urgently needed to be filled, and that the ruling party's actions were affecting service delivery and could lead to more corruption.

Magwira added that power struggles were evident, with the dominant faction seemingly intent on appointing their “own” people. Following the previous round of interviews, union members were told by the municipal manager that more than 50 interviewees had not met the criteria. Magwira expressed disappointment, suggesting it was more likely that those in control wanted to appoint friends and relatives to the vacant posts.

 

 

Date:27 September 2024

By: Kaizer Nengovhela

Kaizer Nengovhela started writing stories for Limpopo Mirror in 2000. Prior to that he had a five year stint at Phala-Phala FM as sports presenter. In 2005 Kaizer received an award from the province's premier as Best Sports Presenter. The same year he was also nominated as Best Sports Reporter by the Makhado Municipality. Kaizer was awarded the Mathatha Tsedu award in 2014.

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