Makana Municipality has formally reversed its decision to appoint Grahamstown lawyer and councillor Paul Notyawa as municipal manager.
Makana Municipality has formally reversed its decision to appoint Grahamstown lawyer and councillor Paul Notyawa as municipal manager.
This decision was taken during a special council meeting on Monday. The Municipal Council had appointed Notyawa to the position on 12 March.
However, that appointment was not endorsed by Co-operative Governance and Traditional Affairs MEC Fikile Xasa in May.
In support of his decision, Xasa said Notyawa did not meet the minimum requirements of the job in terms of the Municipal Systems Act and advised the municipality to re-advertise the position.
Notyawa has taken the municipality to court, calling on the Grahamstown High Court to set aside Council's decision to accept Xasa's findings and subsequently advertising the position during a special council meeting on 8 May.
In the special council meeting on Monday this week the Council resolved to rescind its 12 March decision to appoint Notyawa as Makana Municipality's municipal manager.
Insiders claim the municipality is backtracking because it keeps trying to fix the wrong decisions it had taken leading up to the court case.
The initial reason for the municipality's refusal to appoint Notyawa was that he did not meet the minimum requirements of the job, according to Xasa.
In a new twist, the lawyers appointed by Council to replace Chris Baker attorneys have acknowledged that the Council has the powers to appoint a manager.
In court papers, dated 21 August, prepared by Richard Quinn SC on behalf of Dullabh attorneys, who has been appointed by Council to replace Baker, it is stated that the resolution appoint Notyawa on 12 March had not been lawfully rescinded and remains in effect.
Quinn says it is self-evident that the Council is vested with authority to appoint a municipal manager. Makana must file their answering papers today (28 August) so a trial date can be set.
The municipality has asked to have the case postponed until 12 September, said sources close to the case.
Notyawa's lawyers have instructions to refuse the postponement, according to sources.
Municipal spokesperson Yoliswa Ramokolo said the municipality can not comment on the matter until it is finalised in court.
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