High Court Rules Makhado Municipality CFO Appointment Unlawful

In a significant ruling that underlines the importance of merit-based appointments and adherence to due procedure, the Limpopo High Court in Polokwane has overturned the Makhado municipality's decision to appoint Mulatwa Thangavhuelelo as its chief financial officer (CFO). Acting Judge Sydwell Sikhwari deemed the August 2023 choice both unlawful and procedurally unfair, resulting in a mandate for the municipality to cover the legal costs incurred.

The applicant, Godfrey Raliphada, who emerged as the highest scorer in the selection process with an 86% rating, contested the council’s decision after Thangavhuelelo, the second-highest with 69%, was preferred over him. Raliphada's commendable record included achieving three consecutive unqualified audits for the municipality while acting as CFO, in stark contrast with Thangavhuelelo's track record at the Vhembe District Municipality where she never secured an unqualified audit during her tenure.

The selection panel had explicitly recommended Raliphada as the most suitable candidate, a stance supported by Raliphada's allegations of bringing financial stability to the municipality. The court dismissed the municipality's defense, which included a challenge to its jurisdiction and the justification of the appointment decision, citing no clear rationale for sidestepping the panel's advice.

Judge Sikhwari refuted the council's argument that Raliphada’s lack of an NQF 8 qualification invalidated his candidacy. The court highlighted that the requirement was not an immediate disqualification factor and that the candidate legally had 18 months to attain the necessary credentials.

The watershed ruling came in the wake of protests triggered by the controversial appointment. Members from the SA Municipal Workers’ Union (Samwu) and Independent Municipal Allied Trade Union (Imatu) had previously demonstrated, demanding transparency and voicing support for Raliphada.

Union representatives from Samwu and Imatu have since embraced the court's decision. Samwu's Makhado secretary, Raymond Raduvha, and Imatu chair, Emmanuel Mpho Mulaudzi Khorommbi, both expressed their satisfaction with the court's vindication of Raliphada, emphasizing this as a testament to the significance of applying the rule of law and keeping bureaucratic governance devoid of political interference.

This high-level ruling serves to reinforce the principles of equal opportunity in the employment context and ensures that the process remains focused on candidate qualifications and performance rather than any other extraneous factors.