The National Union of Public Service and Allied Workers (NUPSAW) has been vindicated by the Judgement handed down by the Supreme Court of Appeal, in the case relating to the unlawful appointment of Advocate Nkosinathi Dana, to the position of Chief Director in the Department of Forestry, Fisheries and Environment.
The SCA has upheld the ruling of the Western Cape High Court, which declared the appointment of Dana to a senior role in the department – as unlawful. As NUPSAW, we are pleased with the outcome of the case, as it validates the concerns that we that we have been raising repeatedly.
Advocate Dana was handed a R5-million contract unlawfully, despite multiple warning alarms triggered by the ever-vigilant NUPSAW. We challenged the continued appointment of Dana in the High Court, where the Judge who was presiding over the case, agreed with our submission and declared the appointment as unlawful.
Despite a glaring lack of prospect of success, the Department went on a spending spree and lodged an appeal in the Supreme Court of Appeal. It’s worth noting that NUPSAW advised the department against such a move as it would result in wasteful expenditure of the public funds.
To make matters worse, the department had extended Dana’s contract, despite having been declared unlawful. On the 15th of September 2022 the Supreme Court of Appel dismissed the appeal and slapped the applicant with costs, including the costs for condonation. NUPSAW once again calls upon the department to stop wasting public funds in protecting corrupt and unlawful conduct.