EPWP worker’s R17.7m claim against municipality dismissed by High Court

The Eastern Cape High Court has dismissed an application by a former Expanded Public Works Programme (EPWP) worker who sought R17.7 million in damages from the Garden Route District Municipality after he was not appointed to a permanent post because of his criminal record.

What the court found

Judge Phillipa Susan van Zyl ruled that the application was fundamentally defective, failed to establish a legal basis for the relief sought and was better suited to action proceedings than motion proceedings. The judge said the papers were too sparse to permit determination of the delictual issues on affidavit alone.

Basis of the claim

The applicant, Thabang Motjamela, claimed damages arising from the municipality’s decision not to appoint him permanently after recruitment for a senior worker role in 2021. His damages calculation used projected earnings, bonuses, provident fund contributions and other employment benefits extending to an anticipated retirement in 2054. Deductions were applied to the claim, leaving a net amount specified in court papers as R17.7 million.

Allegations and court’s view on evidence

Motjamela alleged officials had shortlisted him and required a medical examination despite knowing about his criminal record, and that he had disclosed the record before the medical assessment. He sought declarations that the municipality acted wrongfully, negligently and unlawfully, together with compensation for past and future loss of earnings, emotional distress, psychological harm, loss of dignity and alleged constitutional violations.

Judge Van Zyl held that claims for delictual damages require proof of wrongful conduct, fault, causation and loss, and found those elements could not be properly determined on affidavit evidence alone. The court described the founding papers as “bare and vague” and noted there was little supporting documentation.

Repeated litigation

The judgment highlights Motjamela’s lengthy history of litigation over his attempts to secure permanent employment following EPWP contracts. The court noted similar disputes had been pursued in multiple forums, including the South African Local Government Bargaining Council, the CCMA, the Labour Court, the Labour Appeal Court and the Constitutional Court. The High Court referred to a recent Constitutional Court judgment that described Motjamela’s repeated litigation as presenting “a pattern of wanton and reckless litigation.”

Judge Van Zyl said the issues raised in the present application had already been extensively litigated involving both the George Local Municipality and the Garden Route District Municipality, and that, in her words, “There is nothing left for this court to say about them.”

No costs order

Although the judge considered ordering costs against Motjamela to discourage further litigation on the same issues, she declined to do so. The court noted Motjamela appeared genuinely convinced of his case and recorded that he was unemployed, indigent and from poor financial circumstances. The application was dismissed without any order as to costs.

Editor’s note: Article updated to correct reported amounts to match the source material.