A former Amathole district municipality (ADM) plumber is fighting the Asset Forfeiture Unit (AFU) to keep her car after the broke municipality accidentally paid her a standby allowance of twice her annual salary, in one month.
The AFU brought an application for a preservation order in the East London High Court against the plumber’s car.
The matter was heard before acting Judge Yolanda Renqe yesterday.
The plumber, 33-year-old Yolanda Jamani, is being represented by advocate Mike Maseti.
Advocate Anthony French appeared on behalf of the state.
French told Renqe that the cash-strapped municipality accidentally paid Jamani R411000 standby allowance in July last year.
He said the money was taxed and a sum of R269000 was deposited into her bank account.
French said the municipality complemented the payment with Jamani’s monthly salary of R15500 and an overtime allowance of R3500.
The court heard Jamani was employed as a plumber working in Cathcart.
French said after the money was paid to Jamani, she immediately withdrew it and transferred it to two separate bank accounts to bar the municipality from recouping it.
“My lady, it is not in dispute that the defendant was paid due to a system error, but her behaviour to withdraw the money was unreasonable and it shows she knew that she was not entitled to it,” French said.
The court heard the funds were used to pay up Jamani’s car and to upgrade her home in Whittlesea.
Maseti argued against the preservation order being granted, saying anyone in Jamani’s shoes would have used the money as it came from their employer.
“We are talking about someone whose job is to attend to burst water pipes on a day-to-day basis.
“Now she is brought into what happens in a more sophisticated sphere of payroll in a level which is upper than her.
“She thought she was entitled to the payment as she was waiting for her employer to pay her outstanding overtime money,” Maseti said.
Renqe interjected by saying “the outstanding overtime could have been for a period of a month or two month and it would still not be an amount of R269000”.
Maseti replied: “Or it could be outstanding for a year or two, we don’t know.”
Maseti said no action had been taken against senior payroll administrator Noxolo Ndarala, who made the payment.
“If there was collusion between Ndarala and our client we would be talking a different case,” he said.
He said Jamani had entered into an agreement with ADM that it would deduct R1000 every month until all the money was paid back.
But French told the court: “ has since been dismissed following a disciplinary hearing process against her and as a result the municipality is unable to recoup the money from her.”
Judgment was reserved.
Court battle over pay bungle- Ex-plumber paid twice annual salary in ADM error
The AFU brought an application for a preservation order in the East London High Court against the plumber’s car.
The matter was heard before acting Judge Yolanda Renqe yesterday.
The plumber, 33-year-old Yolanda Jamani, is being represented by advocate Mike Maseti.
Advocate Anthony French appeared on behalf of the state.
French told Renqe that the cash-strapped municipality accidentally paid Jamani R411000 standby allowance in July last year.
He said the money was taxed and a sum of R269000 was deposited into her bank account.
French said the municipality complemented the payment with Jamani’s monthly salary of R15500 and an overtime allowance of R3500.
The court heard Jamani was employed as a plumber working in Cathcart.
French said after the money was paid to Jamani, she immediately withdrew it and transferred it to two separate bank accounts to bar the municipality from recouping it.
“My lady, it is not in dispute that the defendant was paid due to a system error, but her behaviour to withdraw the money was unreasonable and it shows she knew that she was not entitled to it,” French said.
The court heard the funds were used to pay up Jamani’s car and to upgrade her home in Whittlesea.
Maseti argued against the preservation order being granted, saying anyone in Jamani’s shoes would have used the money as it came from their employer.
“We are talking about someone whose job is to attend to burst water pipes on a day-to-day basis.
“Now she is brought into what happens in a more sophisticated sphere of payroll in a level which is upper than her.
“She thought she was entitled to the payment as she was waiting for her employer to pay her outstanding overtime money,” Maseti said.
Renqe interjected by saying “the outstanding overtime could have been for a period of a month or two month and it would still not be an amount of R269000”.
Maseti replied: “Or it could be outstanding for a year or two, we don’t know.”
Maseti said no action had been taken against senior payroll administrator Noxolo Ndarala, who made the payment.
“If there was collusion between Ndarala and our client we would be talking a different case,” he said.
He said Jamani had entered into an agreement with ADM that it would deduct R1000 every month until all the money was paid back.
But French told the court: “ has since been dismissed following a disciplinary hearing process against her and as a result the municipality is unable to recoup the money from her.”
Judgment was reserved.
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