In a matter that could have serious financial implications for Makana Municipality, former Councillor Paul Notyawa has reignited his battle over his claim to the post of municipal manager.
In a matter that could have serious financial implications for Makana Municipality, former Councillor Paul Notyawa has reignited his battle over his claim to the post of municipal manager.
His lawyers last Friday lodged papers in the high court in Grahamstown that claim he was lawfully appointed in the post of municipal manager on 12 March 2015.
Makana Municipality have confirmed they will oppose the matter.
In the documents, Notyawa makes explosive allegations of political interference by ANC leadership at regional, provincial and national level that actively prevented him from taking up the position.
Notyawa claims he was lawfully appointed in the post of municipal manager on 12 March 2015.
Should his application to have Makana compelled to conclude a written employment contract with him prove successful, there would be considerable financial and other implications for the local municipality.
The respondents in the matter are listed as Makana Municipality, the MEC for Co-operative Governance and Traditional Affairs in the Eastern Cape, and former administrator in Makana Municipality, Pam Yako.
Yako is cited in her official capacity, “as she may have an interest in the matter”, with no relief being sought against her.
The application was lodged by attorneys Wheeldon Rushmere & Cole Inc.
The purpose is stated as being to review and set aside the decision of the MEC for local government to readvertise the position of municipal manager of Makana Municipality and not to appoint Notyawa.
It is also to have set aside the decision of Makana Municipality not to appoint Notyawa as municipal manager, “to purportedly rescind the earlier decision to appoint me, and to readvertise the post of municipal manager”.
Notyawa also seeks to have the court declare that he was lawfully appointed in the post on 12 March, and to compel Makana Municipality to conclude the necessary written employment contract “with effect from 1 April 2015, with full salary and benefits”.
The court papers document various meetings with ANC leadership at regional, provincial and national level, culminating in a meeting with Water and Sanitation minister Nomvula Mokonyane and former strategic manager in Makana Mncedisi Boma, who was fired in August 2014 after a disciplinary committee found him guilty of misconduct.
In that meeting, the documents say, Boma alleged that ANC councillors had collaborated with DA councillors and voted Notyawa in as municipal manager.
In the papers, Notyawa speaks of pressure from ANC leadership to write a letter withdrawing his appointment.
Following legal advice, Notyawa determined not to hand in the letter.
He provides details of his qualifications for the position by way of countering claims he was not qualified for the job.
A claim Notyawa makes in the papers is that a fraudulent minute was drafted in the Makana Council in May 2015.
According to the documents, the minute reflected that on 8 May 2015 the Council passed a resolution accepting the findings of the MEC and deciding to readvertise the position of municipal manager.
“The fraudulent minute also purported to rescind a decision of the Council… on the 23rd of April 2015. This was clearly an error as the meeting to appoint me was on the 12th of March 2015 and not the 23rd of April 2015.
“In fact there was no such Council meeting on that date.”
Notyawa says that should his court application be successful, he would choose to do the job rather than financial compensation.
He would in that case, he says, be entitled to pay backdated to 12 March 2015 along with benefits.
“My wish is to serve the people of Makana, to put it in a better position,” Notyawa said. “As long as I’ve lived, I’ve always paid my own way. I’ve never been a charity case and I don’t accept favours.
“If they tell me to start tomorrow, I’ll be at work tomorrow.”
Makana Municipality’s spokesperson Yoliswa Ramokolo yesterday confirmed that the confidential item discussed in Wednesday’s Special Council Meeting was Notyawa’s new court application.
She confirmed that Makana would oppose the application.
However, the municipality would not be drawn on the financial or other implications should Notyawa be instated as municipal manager.
Notyawa spoke openly about the reasons why, in his opinion, his appointment was resisted in certain quarters.
“They can’t trust someone who is an independent thinker and who knows too much about the law,” he told Grocott’s Mail. “Also, I understand the ANC policies – every tiny detail – because I’ve been part of it all, attending every congress.
Notyawa says he is an ANC member in good standing.
“This was confirmed by the ANC’s National Disciplinary Committee (NDC). My lawyers have documentation to prove this.”
