Amatola Water CEO’s hearing gets under way
Efforts to stop disciplinary proceedings in high court fails
Efforts by an East Londonbased legal firm to stop the disciplinary hearing of suspended Amatola Water CEO Vuyo Zitumane failed in the East London high court on Tuesday, and her hearing has already begun.
The water board won a case against Mayedwa Attorneys, which sought to interdict the disciplinary process, pending Zitumane’s litigation against Amatola Water over their cancelled contract.
Amatola Water placed Zitumane on precautionary suspension in April after an investigation into R230m worth of funds given to the water board.
According to court papers, Mayedwa Attorneys was appointed on July 31 by Amatola Water to head the proceedings after a tender process, but the water authority decided to “unilaterally” cancel the contract and the awarded tender amounts.
Mayedwa Attorneys lawyer Nolubabalo Mayedwa’s application said the entity had not given her an opportunity to make representations on why they should not cancel the contract.
Mayedwa’s application also sought to have the disciplinary hearings stayed pending the application.
Amatola Water acting chair Mziwoxolo Malotana, in an answering affidavit, opposed Mayedwa’s application.
He argued that Mayedwa’s appointment was ultra vires (acting or done beyond one’s legal power or authority) as it was made by former acting CEO Luyolo Fokazi, and not the board.
In his affidavit, Malotana says Mayedwa was recommended by the bid evaluation committee only as an “initiator” in labour-related matters, and not specifically in Zitumane’s case.
Malotana said the recommendation, which was not even signed, came on the back of N Gawula Inc’s appointment as initiator of the case on June 30 and that Fokazi signed Mayedwa’s appointment letter on August 1, which he said “constitutes a nullity”.
Mayedwa told the Dispatch she was advised by her lawyer not to comment.
Amatola Water spokesperson Nosisa Sogayise welcomed the judgment.
She said the entity agreed with the judgment that found Mayedwa’s application to interdict Zitumane’s disciplinary proceedings, pending their review application of alleged termination of their contract, was not urgent.
The application was dismissed with costs.
“Amatola Water agrees with the judge that there are no grounds to grant an urgent interdict to the applicant as there is no harm to be endured by the applicant [Mayedwa] if her matter is dealt with at a later stage.
“It is the board’s view that this is yet another tactic to delay the commencement of the disciplinary hearing against the suspended CEO. As the board we are satisfied that the courts decided not to impose on the powers of the board in its dealings with its employees,” Sogayise said.
Questioned on why Zitumane
would use delay tactics through Mayedwa, Sogayise said it was because Zitumane was Mayedwa’s client.
The Dispatch asked in which capacity Mayedwa did work for Zitumane, but Sogayise had not responded to this particular question by deadline.
“Part of establishing a stable and well-functioning entity is for the matter of the CEO [to] be dealt with and finalised. The board believes that while all citizens are at liberty to approach the courts to seek justice, this should not make those in the business of serving people lose sight of and be derailed on their mandate,” Sogayise said.
“Employees of government entities are expected to adhere to the highest levels of professional ethics and to use the resources of the state with prudence and effectiveness.”
Zitumane’s lawyer, Java Mama, said: “As much as Ms Zitumane has been responsive in relation to her ongoing victimisation, once the disciplinary process gets under way it will not be appropriate to maintain a running commentary on the process.
“That is aimed at preserving the integrity of the disciplinary process. Ms Zitumane will comment at an opportune time in the near future.”
Employees of government entities are expected to adhere to the highest levels of professional ethics