The Democratic Alliance (DA) is insisting that Dawid Kruiper must reverse several irregular appointments after the municipality lost a court appeal in which it attempted to defend the massive cadre deployment within the institution
Last year, in Municipal & Allied Trade Union and others vs The David Kruiper Local Municipality and others, the Labour Court ordered that seven appointments and promotions into positions on Dawid Kruiper’s organizational structure, which had taken effect from 1 May 2017, were unlawful. The court also ordered that the respective appointments and promotions must be set aside and that Dawid Kruiper municipality must appoint people into these positions, in strict accordance with employment procedure.
The ANC-governed municipality refused to accept the court order and sought a legal opinion on the feasibility of launching an appeal, at a cost to the municipality. Despite being advised against an appeal, the municipality pushed ahead. The Labour Appeal Court, however, refused the appeal last week.
Dawid Kruiper has a long history of cadre deployment, which has seen the ANC flouting regulations to appoint who it wants, with no regard for due process.
While Dawid Kruiper continues to deliberate on this matter, it is time the municipality accepts that the debilitating practice of cadre deployment is irregular and destructive and that no amount of consulting, or money spent on further litigation, will change this.
Now, there is only one thing to do and that is to place the irregularly promoted and appointed staff back into their former positions and to appoint people into these positions by following applicable regulatory measures such as advertising, shortlisting and the conducting of interviews.
The court’s decision to reject an appeal is another blow to the deployment of cadres.
The DA will table an urgent motion to demand that not only are fit-for-purpose appointments made, starting with the seven positions currently under the spotlight, but also that there is accountability in respect of municipal money wasted on the unsuccessful appeal.