Court rules against top job con­tender

Weekend Post (South Africa) - - NEWS -

FOR­MER Makana Mu­nic­i­pal­ity ANC councillor Paul Notyawa (pic­tured) has lost his on-again-off-again court bat­tle to be ap­pointed as Makana’s mu­nic­i­pal man­ager.

Notyawa scored top points out of the can­di­dates for the job in March 2015 but the mu­nic­i­pal­ity with­drew its job of­fer af­ter Co-op­er­a­tive Gov­er­nance MEC Fik­ile Xasa re­fused to rub­ber­stamp it, say­ing Notyawa lacked the nec­es­sary man­age­ment ex­pe­ri­ence and did not meet the min­i­mum le­gal re­quire­ments.

Notyawa’s ap­point­ment failed to get the nod from the ANC at pro­vin­cial and na­tional level and he al­leged that ex­traor­di­nary party po­lit­i­cal in­ter­fer­ence had led to the coun­cil re­scind­ing its de­ci­sion to ap­point him.

Notyawa re­sorted to court im­me­di­ately af­ter­wards to have the coun­cil’s de­ci­sion to ap­point him en­forced but then with­drew his ap­pli­ca­tion last year. This year, he re­in­stated the ap­pli­ca­tion.

If suc­cess­ful, the ap­pli­ca­tion would have been costly to the bank­rupt mu­nic­i­pal­ity, which would have had to fork out at least R2.8-mil­lion in back pay for a job Notyawa had never been al­lowed to do. The mu­nic­i­pal man­ager earns about R1.4-mil­lion a year.

But high court judge Ju­dith Rober­son found he was out of time to bring his ap­pli­ca­tion, that he had brought it in terms of the wrong law and that it would have no prac­ti­cal ef­fect as his term as mu­nic­i­pal man­ager would, in any event, have ex­pired this month. – Adri­enne Carlisle

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