Daily Dispatch

Amatola Water CEO’s hearing gets under way

Efforts to stop disciplina­ry proceeding­s in high court fails

- SOYISO MALITI SENIOR REPORTER

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

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