The MEC for Cooperative Governace and Traditional Affairs in the Free State, Hon Thembeni Nxangisa welcomes the judgements by the Free State High Court that ruled in favour of the MEC against 35 respondents from Metsimaholo Local Municipality on the 1st of September 2020.
The Court, presided over by Judge Chesiwe declared a Council meeting held on the 20th February 2020 illegal and its decisions invalid. During this illegal meeting of the Council, as the Court has now declared, some Councillors appointed an Acting Municipal Manager, Director Technical Services and Director: Corporate Services.
The application of the MEC was supported by the First Respondent being Metsimaholo Local Municipality.
In dealing with the challenges of the Metsimaholo Local Municipality, wherein the municipality failed to execute its legislative and executive functions, the Executive Council of the Free State Province envoked Section 139 (1) (b) of the Constitution.
Following the announcement of this decision on the 20 February 2020 some disgrantled Councillors proceded to reconvene an ultravires meeting undermining a decision taken by the Executive Council of the Free State.
In implementing this decision, the MEC seconded Mr Teboho Manele as Administrator; Mr Motsumi Mathe as Acting Municipal Manager; Ms Palesa Qulunga as Financial Advisor and Mr Benner Molotsi as Acting Director Corporate Services. Some councillors did not feel comfortable with this decisions, and acted contrary to this directive.
Cogta Spokesperson Zolile Lobe said in the process of their dissatisfaction, the conduct of this Councillors caused great disturbances to the functioning of the Municipality, and this affected service delivery.
“This situation propelled the MEC to approach the Court, to make a declaratory order that the intervention made by the Free State Executive Council is in order,” said Lobe.
In the judgment made on the 1st September 2020 by Judge Chesiwe, the following order was made:
1. That the Special Coucil Meeting where the Council was supposed to have appointed some Officials, contrary to the directive of the ECXO, was unlawful and invalid.2. SJ Mokoena, who was Respondent Number 31, is prohibited and interdicted from Acting as Municipal Manager
3. MJ Ndaba who was Respondent Number 32 is prohibited and interdicted from Acting as Director Technical Services
4. That MJ Mkhefa who was Respondent 33 is prohibited and interdicted from Acting as Director Corporate Services
5. The Court ruled that the above mentioned officials must pay the costs of the Attorneys for the Applicant and the cost of the sitting of the Court.
The Court also ruled that the 3 above mentioned Respondents must vacate the offices of the Municipality, and that they should not hinder the Municipal Officials from performing their functions.
Lobe said the MEC views the ruling of the High Court as a positive move towards normalizing the situation at the Metsimaholo Municipality.
“The community has been suffering because service delivery was compromised, whilst people were focused on side issues,”he said.
