EPWP worker loses R17.7 million claim against municipality after failing to secure permanent job

The Eastern Cape High Court has ruled against a former Expanded Public Works Programme worker who sought over R17.7 million from the Garden Route District Municipality for damages. Judge Phillipa Susan van Zyl dismissed the case, finding that it was fundamentally flawed and lacked the necessary legal basis. Thabang Motjamela alleged that the municipality unlawfully denied him a permanent position due to his criminal record, despite previously offering him the job and requiring him to undergo a medical examination.

He claimed to have projected future earnings, bonuses, and benefits totaling over R32 million, but deductions for income tax reduced his claim to more than R17.7 million. However, the court found that Motjamela's application lacked supporting documentation and failed to establish a clear legal basis for his claims. Furthermore, the court noted that Motjamela had a history of litigation over similar employment disputes, describing his repeated litigation as presenting a "pattern of wanton and reckless litigation."

Despite Motjamela's unemployment, indigence, and financial struggles, the court ultimately dismissed his application without making any order regarding costs.