Makana Municipality has advertised the position of municipal manager. This is despite the fact there is pending legal action against it regarding the dismissal of Grahamstown lawyer Paul Notyawa.
Makana Municipality has advertised the position of municipal manager. This is despite the fact there is pending legal action against it regarding the dismissal of Grahamstown lawyer Paul Notyawa.
The position was advertised together with the position for the director of engineering and infrastructural services in the national and regional newspapers this week. According to the advert the municipality is looking to employ a candidate on a two-year fixed-term contract which will expire a year after next year's local government elections.
The annual remuneration package for the key position is between R926 720 and R1 191 500.
Meanwhile Notyawa is confident that the courts will find in his favour as he prepares to take Makana Municipality to court.
Council appointed Notyawa municipal manager on 12 March and his file was later handed over to Cooperative Governance MEC Fikile Xasa for his endorsement.
The matter is now in the hands of Notyawa's lawyer as they prepare to take the municipality to court.
In a letter to Mayor Zamuxolo Peter, tabled at an ordinary council meeting on 8 May, Xasa said he was not satisfied that Notyawa's appointment was in line with the provisions of Section 54 of the Amendment Act.
Xasa then advised the Council to re-advertise the post.
In a letter from Notyawa's lawyers to acting municipal manager Mandisi Planga – Grocott's Mailof has a copy – they say they have been instructed that the appointment of their client was in all respects compliant with the requirements of section 54A of the Local Government: Municipal Systems Act, 200 and the MEC had no reason to conclude to the contrary.
The document further states that the extent of the MEC's authority in such circumstances is to take the steps as provided for in section 54A(8) of the Systems Act.
"In this regard, had the MEC held the view that section 54A had been contravened in the course of the appointment of our client, he would have been entitled, within 14 days of the 26 of March to take steps to enforce compliance by the Council with section 54A of the Systems Act," the document reads.
Such steps are to include an application to a court for a declaratory order on the validity of the appointment, or any other legal action against the Council.
Notyawa's lawyers argue that it is not within the powers of the MEC to either confirm or decline the appointment of their client to the position of municipal manager or otherwise to issue instructions or directions to the Council.
"Our client's appointment took place on 12 March when the Council resolved to appoint him."
They emphasised the fact that Xasa does not have the power to direct what process the municipality should follow in filling the position of municipal manager.
In terms of section 57 of the Systems Act, following the resolution of Council on 12 March the municipality, according to Notyawa's lawyers, was required to:
* Furnish Notyawa with a written employment contract; and
* Within 60 days after Notyawa's appointment, conclude a performance agreement with him.
Notwithstanding these statutory obligations, the municipality has failed, neglected and/or refused to comply with the provisions of section 57 of the Systems Act regarding Notyawa's appointment to the position of municipal manager.
Subsequent to a number of letters from Notyawa's lawyers, on 29 May during a special council meeting he says was handed a letter by the mayor's secretary, dated 12 May, indicating that his application for the job was unsuccessful.
Grocott's Mail has a copy of this letter.
In the same meeting Notyawa received the minutes of the special council meeting of 8 May.
A Council resolution in that document states that it accepts the findings of the MEC, Cogta and that the position of municipal manager be re-advertised.
Notyawa's lawyers have sent three letters to Planga about his intention to take the municipality to court, and two to Xasa.
Xasa's spokesperson Mamnkeli Ngam said the MEC had indicated Notyawa did not meet the minimum requirements of the job.
Ngam said the MEC stands by that decision, even if the matter ends up in court.
anele@grocotts.co.za
