A lawyer being paid almost R40 000 a month to perform his duties as a councillor for the Makana Municipality says dirty politics are behind moves to question his frequent absence from his office.
A lawyer being paid almost R40 000 a month to perform his duties as a councillor for the Makana Municipality says dirty politics are behind moves to question his frequent absence from his office.
Paul Notyawa, who this week confirmed rumours that he is working as a lawyer for two trade unions in addition to his full-time work as a councillor, described a Council investigation into his alleged breach of code of conduct as a rough tackle and says no crime has been committed.
Notyawa was the subject of a protest in May last year, two days before Zamuxolo Peter was inducted as Makana's new mayor. Toyi-toying outside the City Hall, the local leadership of Cosatu and the Young Communists League claimed that the selection process which had yielded Peter and Rachel Madinda as Mayor and Speaker respectively was flawed.
They declared they would make Grahamstown ungovernable unless the ANC met its demands and Notyawa was made Mayor. Notyawa is currently a member of the Mayoral Committee for Makana and is the portfolio chairperson for Local Economic Development.
The current investigation follows complaints that Notyawa is seldom in his office and frequently misses meetings. Notyawa insists on his right to defend himself in his mother tongue – and it's apparently his answer to the investigating team that has them stumped.
It's written in isiXhosa – but, according to task team head, Councillor Julia Wells, it's written in such deep idiom that no one among the municipal staff can translate it. In an interview with Grocott's Mail on Tuesday, Notyawa spoke freely about what critics have dubbed his 'double-parking', following the tabling of his case in a confidential Council meeting.
A report from the investigating task team – set up earlier this year following a motion from the Democratic Alliance – asked Council for advice on how to proceed. A letter from Wells and addressed to the Speaker reads: The task team met with Councillor Notyawa to seek information and hear his side of the story.
"He refused to speak to the task team on the grounds that he had submitted a letter to the Municipal Manager and would only speak to that… The task team's request was that he simply tell us what the content of the letter was so that we could discuss it then and there was rejected."
Cllr Notyawa further insisted that he would only speak to the task team on the condition that he speak in his mother tongue and that an official interpreter be provided and that all proceedings should be officially recorded.
Explaining his position during Tuesday's interview, Notyawa said, "I asked to speak my language because I was exercising my constitutional right."
Notyawa said when Council solicited him to be a Mayoral Committee member, they knew his position. He said he had sent a letter to the municipal manager declaring that he was the legal counsel for Cosatu and Sadtu in the province.
"They appointed me as the Mayoral Committee member [despite]my declaration, revoking their right to withdraw me. All I can think of this is about playing dirty politics, they are tackling the man instead of the ball and they are supposed to tackle the ball to the goal post. This is just mere politicking and it is a rough tackle," said Notyawa.
Of his other employment, Notyawa said, "Indeed it is true, and no crime has been committed. Why worry about my qualifications? There is nothing I did without the permission of the Council. Now, after nine months, they are raising this.
Wells further said in her report that the team had informed Mayor Zamuxolo Peter about Notyawa's demands. "The letter submitted to the Municipal Manager was written in a style of isiXhosa which uses abstract metaphors and sayings, and was untranslatable by anyone within the municipal staff," Wells wrote.
The team had not received guidance on how to proceed. Municipal spokesperson Mncedisi Boma told Grocott's Mail this week that the matter of Notyawa's alleged breach of code of conduct had been referred back to the committee because they had not attached the letter in question.
Boma said the matter would be discussed in the next Council meeting. Boma said Council pays Notyawa R 39 813.41 a month. He is supposed to be in his office which is provided for him from 8am to 4.30pm Monday to Friday, as he is a full-time councillor.
"He is expected by Council to do that. He can only be away from office on Council business," Boma said.
Notable by his absence
In a quick survey of the minutes of six Council meetings Notyawa's apologies were noted on the following dates: In 2011: 22 December – Mayoral Committee meeting: Listed in minutes as having applied for leave of absence. In 2012: 31 January – Special Council Meeting: SMS apology recorded in the minutes. 2 March – Mayoral Committee Meeting: Recorded as absent – with apology. 15 March – Ordinary Council meeting: Absent – no apology recorded in the minutes. 11 May – Special Council Meeting: Absent – written apology noted in the minutes. 29 June – Special Council Meeting: Absent – no apology recorded in the minutes. In 2012, eight meetings of the Local Economic Development portfolio, which Notyawa chairs, are scheduled in 2012. Six full Council meetings are scheduled for the year.
