Former Makana Municipality ANC councillor Paul Notyawa’s hopes of being appointed Makana municipal manager backdated to 2015 were dealt a lethal legal blow this week.
The Grahamstown High Court dismissed his application for leave to appeal its refusal to set aside various decisions by the Makana council and by cooperative governance and traditional affairs (Cogta) MEC Fikile Xasa that resulted in him not being appointed to the post in 2015.
Notyawa has been fighting a two year-long, on-off court battle to be appointed as the Makana municipal manager.
He scored top points out of the candidates for the job in March 2015 but the municipality withdrew its job offer after Xasa refused to approve it.
Xasa said Notyawa lacked the necessary management experience and did not meet the minimum legal requirements.
Notyawa’s appointment also failed to get the nod from the ANC at provincial and national level and he alleged that extraordinary party political interference led to the council rescinding its decision to appoint him.
Notyawa resorted to court immediately afterwards to have the council’s decision to appoint him enforced, but then withdrew his application last year. He reinstated the application this year, this time seeking to set aside the council’s decision not to appoint him and asking the court to declare he had been lawfully appointed in March 2015.
Judge Judith Roberson found he was out of time to bring his application, that he had brought it in terms of the wrong law and that it would have no practical effect as his term as municipal manager would, in any event, have expired this month.
Roberson found that even though Xasa made his decision for political reasons there was merit in his contention that Notyawa’s experience did not meet prescribed requirements.
Court ends dreams of being town boss
The Grahamstown High Court dismissed his application for leave to appeal its refusal to set aside various decisions by the Makana council and by cooperative governance and traditional affairs (Cogta) MEC Fikile Xasa that resulted in him not being appointed to the post in 2015.
Notyawa has been fighting a two year-long, on-off court battle to be appointed as the Makana municipal manager.
He scored top points out of the candidates for the job in March 2015 but the municipality withdrew its job offer after Xasa refused to approve it.
Xasa said Notyawa lacked the necessary management experience and did not meet the minimum legal requirements.
Notyawa’s appointment also failed to get the nod from the ANC at provincial and national level and he alleged that extraordinary party political interference led to the council rescinding its decision to appoint him.
Notyawa resorted to court immediately afterwards to have the council’s decision to appoint him enforced, but then withdrew his application last year. He reinstated the application this year, this time seeking to set aside the council’s decision not to appoint him and asking the court to declare he had been lawfully appointed in March 2015.
Judge Judith Roberson found he was out of time to bring his application, that he had brought it in terms of the wrong law and that it would have no practical effect as his term as municipal manager would, in any event, have expired this month.
Roberson found that even though Xasa made his decision for political reasons there was merit in his contention that Notyawa’s experience did not meet prescribed requirements.
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending Now
Latest Videos