The Democratic Alliance (DA) will not be part of a court process meant to oppose an application to interdict the appointment of a municipal manager brought by Grahamstown lawyer Paul Notyawa against Makana Municipality.
The Democratic Alliance (DA) will not be part of a court process meant to oppose an application to interdict the appointment of a municipal manager brought by Grahamstown lawyer Paul Notyawa against Makana Municipality.
Notyawa has been in a protracted court battle with Makana Municipality ever since his appointment by the former council last year in March. It initially seemed as if Notyawa had given up on the position when he withdrew his court application.
In what has been described as a heated confidential meeting the DA wanted it to be placed on record that they objected to council opposing Notyawa’s motion for an interdict.
Sources close to the DA say the party refused to be part of the decision to oppose the application for an interdict because they say the previous council had appointed Notyawa to the position last year.
The DA apparently made it clear in the meeting that the ANC caucus would have to foot the bill for any costs associated with the matter. DA caucus leader Mlindi Nhanha confirmed that Notyawa’s matter was on the agenda but declined to comment further, stating that the matter was confidential.
In the confidential session of an ordinary council meeting in the municipal chambers on Wednesday, the ANC outvoted the DA to ultimately come to a decision to oppose the application for an interdict brought by Notyawa.
According to a confidential item of which Grocott’s Mail is in possession, Notyawa has launched a fresh court application after he had withdrawn his previous court bid and tendered costs.
According to the document Notyawa is now seeking a court interdict against the municipality from implementing or further implementing the procedures in section 54 A (4) and (5) of the Municipal Systems Act and also from appointing any person other than himself to the position of municipal manager.
The interdict is sought on the basis of a pending action still to be instituted by Notyawa for an order: a) Declaring that he was lawfully appointed to the position of municipal manager by a resolution of the former council on 12 March 2015; b) Directing that Makana conclude an employment contract with him in terms of section 57 (1) (a) of the Municipal Systems Act; c) For an order of costs if the municipality opposes his motion proceedings.
Notyawa was appointed to the position in a council meeting on 12 March. Officials said at the time that confirmation of his appointment was dependent on Local Government MEC Fikile Xasa’s endorsement. Days later, in a move some described as political interference, attempts were allegedly made to pressure Notyawa into withdrawing his candidacy.
According to the confidential item, acting municipal manager Mandisi Planga has on the advice of the legal manager Nomandla Mbanjwa served an intention to oppose the application and the pending action that Notyawa’s lawyers have indicated they will bring within 30 days after the interdict is granted by the court.
The municipality will continue to rely on the services of Whitesides Attorneys and Advocate Paterson because they are already familiar with the matter.
In a telephonic interview with Grocott’s Mail yesterday, Planga confirmed that the cash-strapped municipality would oppose the application in the High Court. Planga said it was still a motion. “It’s an intention to interdict and we are not stopping the process, it is going forward but we are going to oppose it. We have taken a decision to oppose the application,” he said.
According to court papers Notyawa is listed as the applicant. Makana Municipality and Co-operative Governance and Traditional Affairs MEC Fikile Xasa have been listed as respondents in the case.
Notyawa has also submitted a 30-page founding affidavit in which he explains the process leading up to his appointment in March last year and the subsequent processes that have followed since.
Former Congress of the People councillor Nozipho Plaatjie also submitted a confirmatory affidavit supporting key aspects of Notyawa’s affidavit from the point of view of a person who sat in the various meetings.
Alecia Wolmerans of Ikamva Veritas Transcription Services Consortium also filed an affidavit confirming that she had transcribed the portion of the meeting held on 8 May last year.
Notyawa attended the ordinary council meeting on Wednesday. He sat in the public gallery until the meeting came to an end. He left when members of the public were asked to leave for the commencement of the confidential session.
Speaking to Grocott’s Mail yesterday Notyawa said he has been rightfully employed by the council and the decision of the council to employ him is final.
“Our withdrawal was on a technical basis and that is explained in the court papers. We have brought back the matter to court, because I want to start to work. I am ready to go and start to work I have been ready since last year to go and start to do my job to save the municipality from all its administrative quagmire and financial crisis,” he said.
Notyawa also expressed confidence in the judiciary, saying it will ultimately come to the right decision.
“I am confident that the court will not allow political interference and state lawlessness to prevail in contravention of people’s human rights to choose their jobs in the public domain.
I have a right to dignity, I have a right to choose the job that I want if I am qualified and suitable for the job. Nobody has a right to say no it can’t be you it must be somebody else who is not qualified for reasons of patronage and favouritism,” he said.
anele@grocotts.co.za
