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Staff reporter

Bloemfontein – The African National Congress (ANC) deployment in senior government positions is likely to end in court if comments attributed to Mxolisi Dukwana, Free State Premier are to be taken in the political context.

This follows a media statement released by the office of the premier on Thursday, concerning the article by Free State Insider about the appointment of former MEC of Sport, Arts, Culture, and Recreation (SACR), Dan “Khusta” Khothule as the Head of Department.

Khothule is one of the three candidates who were interviewed last year, the other two are the Chief of Staff at SARC, Steve Tshabalala, and former Acting HoD, Zola Thamae.

“All candidates have gone through the interview process. The Premier is currently applying who would be the best suitable candidate for this important position. A proper announcement will be made in the not-so-distant future,” said Kopung Ralikontsane, FSPG Director General.

Thamae who was the erstwhile premier’s preferred candidate has her acting cut as HoD and returned to her director position in April in a clear sign that she is not Dukwana’s favorite.

Khothule is tipped to take over.

When we said Tshabalala will head Mahasa’s office they said fake news.

While it’s the prerogative of the Premier to appoint the HoD the Premier does not, in-law has any option to apply his mind.

A senior government official who spoke on condition of anonymity said the Premier will need compelling reasons to deviate from the panel report.

“HoD post is a contested post, when a decision is made either by Premier or MEC about the appointment, they are bound by law to consider the recommendations by the panel.

If they have compelling reasons why they are not appointing the recommended candidate based on their performance, they need to validate with reasons and motivate why the candidate who would have come top is not appointable, that’s what the law says, even for Hod positions.”

In a meritocracy system, people are appointed based on merit, not a political head applying his mind.

Should Khothule be appointed his appointment would likely be associated with factional politics, deployment, and overshadow his credentials as an academic.

When we said Ramakarane will be HoD at COGTA they said fake news.

At COGTA, the appointment of Sugar Ramakarane, former Municipal Manager at Setsoto Local Municipality was always overshadowed by his closeness to Dukwana who was MEC at the time despite being a public servant with over 34 years.

According to sources, a Ph.D. candidate was overlooked and so was Judge Mathebula’s damning judgment against Ramakarane.

That plaintiff is the municipal manager of Setsoto Local Municipality;

  • Despite various deficiencies the plaintiff declared the third respondent in the application, Sibamwu Building Contractors (Pty) Ltd (Sibamwu) as the successful tenderer;
  • The court concluded that the conduct of the plaintiff was ostensibly not in tandem with the prescripts of the law;
  • The court held that the plaintiff’s failure to comply with the clear provisions of the Supply Chain Management Act and Regulations demonstrates that the plaintiff’s conduct was unlawful, which rendered the decisions irregular and invalid;
  • The plaintiff gave Sibamwu an opportunity to transform a non-responsive tender into a responsive one;
  • The court held that the conduct of the Plaintiff was arbitrary and was at best an irrational exercise of his mandate, culminating in a decision not supported by reports in his possession and a process outside the parameters of the law;
  • The Plaintiff acted in an unfair and unjust manner, outside the scope of his powers, so as to guarantee success in favour of Sibamwu;
  • The court granted a punitive cost order against the Plaintiff, in his personal capacity, due to his conduct.

Similarly, President Ramaphosa was forced to appoint the SABC Board after applying the same tactics and only when he was threatened by a court challenge he appointed the board as per the interview panel.

It remains to be seen if the remaining two positions at Police, Roads, and Transport and Social Development will be filled or re-advertised because those who have applied are not from the faction that won the provincial conference
, connect the dots…..

There is currently an ongoing legal battle between the Democratic Alliance(DA) and ANC over deployment and the DA has won round one after the court ordered the ANC to hand over minutes, emails, texts, and every material the deployment committee used to deploy cadres.

In other news, staff that was linked to political offices has suddenly been absorbed into other units of government without advertisement and bloating the already bloated public purse.

We have written to FSPG Director General and Public Service Commission and in the days to come we will engage Auditor General and Public Protector to share their findings.

We will go to department by department to name the officials concern and their nonexistent positions and check if the politically appointed at least meet the bare minimum as found by Public Service Commission.

We will start in the office of the Premier, a fish rots from the head.

Roy Jankielsohn, DA leader in Free State said the DA voted against the budget of Premier’s office for many years due to bloated budget.

“The DA will follow up the allegations and hold the new Premier accountable for his promises to the people of the Free State.”

Mxolisi Dukwana, Free State Premier did not answer our questions.

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