Makana Municipality will remain without a permanent municipal manager well into the New Year, with its high court battle with Grahamstown lawyer Paul Notyawa expected to get under way in February.
Makana Municipality will remain without a permanent municipal manager well into the New Year, with its high court battle with Grahamstown lawyer Paul Notyawa expected to get under way in February.
Notyawa has taken legal action against the municipality following his dismissal from the position of municipal manager. Notyawa was recommended for the position in a Council meeting on 12 March.
Officials said at the time that confirmation of his appointment was dependent on Local Government MEC Fikile Xasa's endorsement.
Days later, in a move some described as political interference, attempts were allegedly made to pressure Notyawa into withdrawing his candidacy.
Notyawa's lawyers, Netteltons, launched a high court civil case against Makana Municipality. In August the municipality asked for more time before filing answering affidavits. In this case, Notyawa's lawyers called for the court to set aside his dismissal. Whitesides attorneys were engaged to prepare responses to Notyawa's founding affidavits.
According to a confidential council item in the special council meeting on 2 December, the municipality's lawyers advised and subsequently filed a counter application to formally declare null and void Council's decision to appoint Notyawa as the municipal manager on 12 March.
The application was made in terms of section 54 A (3) of the Local Government Municipal Systems Act 32 of 2000. Notyawa, according to the item, failed to deliver his replying affidavits by the 8 October deadline. As at the extended deadline of 20 November at 11am, no replying affidavit had since been served by Notyawa’s attorneys, according to the Council document.
The matter will be heard on 11 February. Meanwhile, a letter from Notyawa’s lawyers, dated 21 October, claims that their failure to track down former administrator Pam Yako is the reason they missed the deadline. “We are at present attempting to trace her,” it reads.
The Department of Cooperative Governance and Traditional Affairs (Cogta) has agreed to pay Makana Municipality's legal fees in the matter. After much negotiation Cogta has agreed to foot the bill, according to a confidential Council item, a copy of which is in Grocott's Mail's possession.
Cogta has, via the State Attorney, engaged Dullabh and Co attorneys and an advocate to oppose the application. In the document, it is stated that Makana and Cogta have agreed it is best to use separate attorneys and counsel, to avoid a possible conflict of interest.
Notyawa referred Grocott's Mail's questions about the case to his lawyers, who were not available for comment at the time of going to press. Attempts to get comment from Makana Municipality were also unsuccessful at the time of going to press.
anele@grocotts.co.za
