The embattled Makana Municipality has asked for more time before they can file answering affidavits in a high court civil case launched by councillor Paul Notyawa's lawyers against it. In this case, Notyawa's lawyers call for the court to set aside his dismissal. Notyawa has taken legal action against the municipality following his dismissal from the position of municipal manager.
The embattled Makana Municipality has asked for more time before they can file answering affidavits in a high court civil case launched by councillor Paul Notyawa's lawyers against it. In this case, Notyawa's lawyers call for the court to set aside his dismissal. Notyawa has taken legal action against the municipality following his dismissal from the position of municipal manager.
He was appointed by the Council of Makana Municipality on March 12.
MEC for Co-operative Governance and Traditional Affairs Fikile Xasa opted not to endorse his appointment, claiming that Notyawa did not meet the minimum requirements for the job.
Makana Municipality, Xasa and former administrator Pam Yako are listed as respondents in the case.
The Council of Makana has appointed Chris Baker Attorneys to represent them when the case goes to the high court in Grahamstown.
The municipality, according to sources, has asked for an extension until 28 August to allow their lawyers to file answering affidavits.
On Thursday, municipal spokesperson Yoliswa Ramokolo declined to answer e-mailed questions from Grocott's Mail regarding the extension, saying the matter was sub judice.
Meanwhile, 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.
He applied for the post in November 2014 when it was advertised.
Scores of top national, provincial and regional ANC officials are named in a 38-page affidavit submitted by Notyawa's lawyers in his high court application in what appears to suggest political interference in the process.
anele@grocotts.co.za
