ANC ‘cadre’ appointment rescission case in top court
The ANC has been drawn into a legal battle with a member who has told the Constitutional Court that the governing party rescinded his appointment because he was not its favoured cadre.
A Cape Argus report says Eastern Cape lawyer Paul Notyawa is taking the Makana Local Municipality to the top court following its decision not to appoint him municipal manager in 2015, after the ANC suspected he was part of the National Union of Metalworkers of SA’s United Front (UF).
Notyawa has told the court that the ANC – which governs the municipality – backtracked on his appointment as it suspected that since he was part of the UF, he would not toe the party line when performing his duties.
‘The only plausible explanation for the decision to revoke the earlier appointment is that it was suspected by the ANC that the applicant was part of the United Front and may not – in performing his functions objectively – toe the party line,’ Notyawa’s heads of argument read.
He has also denied allegations by the municipality in Makhanda that his appointment was illegal.
‘The purported conclusion that the applicant’s appointment was not in conformity with the legal requirements was clearly because he was not considered a favoured ‘‘cadre’’, and is further strengthened by the first respondent’s (Makana’s) role in undoing the resolution confirming his appointment,’ Notyawa said.
He said the political involvement constituted an unauthorised and unwarranted intervention in the affairs of the municipality.
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