High Court rejects R17.7 million claim from EPWP worker over after failing to secure a permanent job due to criminal record.
The Eastern Cape High Court has dismissed an application where a former Expanded Public Works Programme (EPWP) worker sought more than R17.7 million in damages from the Garden Route District Municipality after he was not appointed to a permanent position because of his criminal record.
The ruling was made after Judge Phillipa Susan van Zyl found 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.
According to the judgment, Thabang Motjamela claimed damages arising from the municipality's failure to appoint him permanently following recruitment for a senior worker position in 2021.
His damages calculation was based on projected earnings, bonuses, provident fund contributions and other employment benefits extending to his anticipated retirement in 2054. Although the total projected salary exceeded R32 million, deductions for income tax reduced his claim to over R17.7 million.
