Minister withdraws water board appeal
DWS Minister withdraws appeal on court judgement to oust the utility's board
THE fight to keep Mhlathuze Water Chairperson Dudu Myeni and the rest of the board in their seats is over.
Minister of Water and Sanitation, Nomvula Mokonyane, has withdrawn her appeal to the Pietermaritzburg High Court judgement in the matter of Makhanya vs The Minister of Water and Sanitation and Mhlathuze Water Board, which in November ruled that Mokonyane appoints a new Board of Directors for the utility.
Judge Yvonne Mbatha stated the extension on Myeni’s term as chairperson was unlawful and the Minister did not possess the necessary legislative powers to extend her and the rest of the board’s stay in office beyond the maximum prescribed period as per the National Water Act.
Myeni and her board was dragged to court by the Mhlathuze’s suspended CEO Sibusiso Makhanya, who accused Myeni of capturing the water authority after Mokonyane extended the board’s service by six months after it had expired.
Mbatha found the decision was done with ‘absolutely no legal provision’ and therefore, Makhanya’s suspension as CEO in 2015 ordered by Myeni was also unlawful.
Minister Mokonyane said she has now initiated the process of appointing a new board in compliance with the judgement.
‘We wish to extend our gratitude to the members of the outgoing board and Chairperson Dudu Myeni for their contribution to the water sector and stewardship of Mhlathuze Water Board,’ she said.
‘I will announce a new board once a due and legal process has been finalised to ensure a seamless transition.’
Two months ago, another court application was filed against Myeni as chairperson of South African Airways (SAA) at the North Gauteng High Court by the Organisation Undoing Tax Abuse (OUTA) and the South African Airways Pilots Association (SAAPA).
The application calls for her to be declared a ‘delinquent director’.
If the order is granted, she will not be allowed to be appointed as a director or executive of any organisation in South Africa for seven years.
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