Scores of top national, provincial and regional ANC officials are named in a 38-page affidavit submitted by Paul Notyawa's lawyers in his high court application to set aside Cogta MEC Fikile Xasa's decision not to endorse his appointment as municipal manager of Makana Municipality.
Scores of top national, provincial and regional ANC officials are named in a 38-page affidavit submitted by Paul Notyawa's lawyers in his high court application to set aside Cogta MEC Fikile Xasa's decision not to endorse his appointment as municipal manager of Makana Municipality.
Makana Municipality, MEC for Cooperative Governance and Traditional Affairs Fikile Xasa and former administrator Pam Yako are listed as respondents in the case.
Yesterday the Council took a decision to appoint Chris Baker attorneys to represent the municipality when the case goes to the high court in Grahamstown.
Had the Council decided against appointing Baker as their lawyer the case would have gone unchallenged in court.
This means the municipality would have had no choice but to sign Notyawa's employment contract and allow him to commence his duties as municipal manager.
However, the divided Council voted in favour of the resolution to appoint Baker to defend Makana, according to insiders.
Notyawa is also applying to have the decision to re-advertise the post set aside by the court. In the court papers, dated 23 July, he seeks an order which will force the municipality to appoint him.
His lawyers say the municipality's failure or refusal, through its mayor Zamuxolo Peter, to implement the resolution of the Council to appoint him on 12 March must be reviewed and set aside.
Notyawa's lawyers also call for Yako's decision to place adverts for the position during the first week of June to be reviewed and set aside.
In the court documents Notyawa's lawyers ask the court to direct the municipality to comply with the provisions of section 57(1)(a) of the Systems Act by concluding with Notyawa within seven days of being served such an order as the court may issue, a written employment contract complying with the provisions of section 57 of the Systems Act.
The lawyers have suggested that Xasa pays the costs of the application jointly and severally with the municipality and Yako, only if the municipality and Yako choose to oppose the application.
Notyawa applied for the post in November 2014 when it was advertised. Meanwhile court documents in Grocott's Mail's possession reveal how high-ranking officials allegedly cornered Notyawa into withdrawing his application for the municipal manager of the embattled municipality.
In the affidavit Notyawa signed on 22 July, he said Peter called him to a meeting on 11 February.
There he met with ANC leaders Andile Lungisa and Viola Mtongana.
Notyawa said Lungisa told him he and Mtongana constituted a deputation mandated by a joint meeting of the Regional Executive Committee (REC) and the Provincial Executive Committee (PEC) on 9 February.
The pair were convey the decision that he was to withdraw his candidacy and availability for the post.
In the same meeting Notyawa says he was told by Lungisa that the 9 February meeting had agreed that their preferred candidate for the job was George Ngesi and he would be supported by all the ANC councillors in Makana.
Notyawa goes on to say in the affidavit he was informed by Lungisa that he was not present in the meeting, but had been directed by provincial secretary Oscar Mabuyane to communicate the decision to him.
Notyawa said Lungisa thanked him for his obedience and cooperation, and added that senior comrades were looking to deal with him harshly for disturbing their mayor (Peter) from ruling freely in Makana.
Notyawa says he felt humiliated, betrayed and unwanted in ANC structures. The ANC veteran said he had heard nothing further, until a day after he was appointed by Council.
In the affidavit Notyawa explains how senior ANC members allegedly interfered in the process.
* Water Affairs and Sanitation Minister Nomvula Mokonyane visited Makana on 13 March, a day after Notyawa's appointment.
* ANC chief whip Julie Wells sent Notyawa an SMS on 12 March (the day he was appointed) informing him about Mokonyane's visit and that he should attend a meeting prior to the Minister's Indaba.
* In that meeting the following ANC leaders were present: sub regional chairperson Mncedisi Boma; Deputy Water Affairs Minister Pamela Tshwete; Xasa; Sarah Baartman District Municipality mayor Khunjuzwa Kekana; Peter and some local councillors including Wells.
* The meeting was cut short and reconvened after the Indaba. Regional secretary Scara Njadayi was already in the room when the rest of the participants returned, sitting at the front table with the ministers.
* When they reconvened, Njadayi said he had spoken to Mabuyane about Notyawa's appointment and as secretaries they had agreed to instruct Xasa not to concur with the appointment. He added that they would never allow a candidate who is supported by opposition parties of Makana to be successful, no matter how educated or qualified that individual might be.
* Mokonyane said she had been instructed by national ANC general secretary Gwede Mantashe telephonically to make sure the candidate (Notyawa) who is supported by opposition parties, and in particular for his for his alleged association with the newly formed United Front should not be supported, adding that they must find a way to prove the ANC will not be defeated by the United Front in Makana.
* Mokonyane went on to state that Notyawa's candidacy was not supported by the ANC, adding that she had also been phoned by the Minister in the Presidency Jeff Radebe and the ANC's national spokesperson Zizi Kodwa, confirming their opposition to his appointment.
* Xasa told the meeting that the ANC was making things difficult for him. He said if he did not concur with the appointment the aggrieved individual (Notyawa) might litigate against him.
He said the easy thing to do would be to instruct Notyawa there and then to write a letter declining the appointment. Xasa ordered Notyawa to remain behind after the meeting to write the letter and give it to Njadayi.
Xasa said they would return on 18 March to monitor the situation. IOn his affidavit, Notyawa says the meeting was thereafter closed and other councillors left while he was monitored writing the letter.
He says he felt the threat of abuse of power by people who knew he had no other means of earning a livelihood, other than representing the party in the Council.
anele@grocotts.co.za
