Seventy-four general workers employed by the Nketoana local municipality in the Free State have lost their jobs after the Bloemfontein high court overturned their appointments after finding they were employed unlawfully.
The municipality advertised 43 general worker vacancies over a year ago, but went on to appoint more workers than originally budgeted for.
The municipality took the workers to court and won.
In her ruling, acting judge PR Cronjé ordered that the workers be paid for services rendered until September 2025.
While Cronjé expressed sympathy for the workers now left without jobs, she said the appointments could not stand.
According to the judgment, 67 people were shortlisted and interviewed, while others who were contract workers were permanently employed.
The municipality argued in court papers that the first irregularity was appointing more people when there were only 43 vacancies.
It said the seven who were given permanent positions were appointed during a meeting of the local labour forum in April 2025.
The municipality’s CFO, Jabulani Makubu, reported the irregularities in a memorandum to the director of corporate services, arguing that discrepancies were identified and needed to be addressed before the individuals could be added to the payroll.
He said for the positions that were not advertised, it meant the municipality could spend about R3.6m per annum in basic salaries alone.
“The director of corporate services was made aware that the MFMA (Municipal Finance Management Act) dictates that the CFO is to ensure that unauthorised, irregular, fruitless and wasteful expenditure and any other loss be prevented,” read the court documents.
After Makubu’s concerns, municipal manager Mokete Nhlapo ordered an internal investigation. However, the employees, who were represented by their various unions, maintained their appointments were lawful.
They argued they were employed after a formal recruitment process that included comprehensive shortlisting and properly conducted interviews.
“It appears that councillors and political office-bearers purportedly demanded and submitted the names of preferred candidates who were not part of the recruitment and selection process and introduced after the fact,” said Cronjé.
Cronjé said it was claimed that not all appointments were irregular or unlawful but said there was no basis for distinguishing between those appointed to the original 43 positions and the others.
“The respondents’ [workers] plight is understood. They aspired for employment and jumped through all the hoops but one to secure a position. They cannot be blamed for feeling done in and for being disgruntled.
“These councillors and political officer holders have little, if any, say in how the municipality’s executive should perform its statutory duties.”
Cronjé said a court cannot sanction an illegality, adding that if the appointments were not set aside and left to the municipality and the workers to address the issue, then the illegality would continue to be given effect to.
The South African Municipal Workers’ Union (Samwu), which is representing some of the workers, said it approached the Supreme Court of Appeal last week to appeal against the judgment.
Samwu deputy regional chairperson Qapodi Moloi said: “Each and every member responded to the advert; it is the employer who exceeded the number and should find a way to solve the problem.
“We don’t understand why the judge said the court can’t condone wrong with wrong than to tell the employer to take the 43 which were budged for.”
A 43-year-year old man who was hired for the road and stormwater department said he is shattered that he is now jobless. “My family was very happy, but hope is now gone.”
The man said he was appointed on April 29 2025.
“I have a child who is at University of the Free State and another one who was in matric last year ... and I thought I would be able to take him to school, but I could not because I don’t have a job. Some of my policies have been affected,” he said.
Another employee said she left her learnership after the municipality hired her under the sewer network department.
“I followed all the processes when I applied for the job and I was hired as a permanent employee. Now I am suffering, I have two kids and also have to look after three of my siblings. It is just hunger here and policies have lapsed as well,” the 37-year-old woman said. − Sowetan
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