Daily Archives: May 14, 2021

Breaking News: ‘Motlhabane’s application struck off the roll’

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Picture: Former Greater Taung Local Municipality mayor, Kgosi Nnyoko Motlhabane

By BAKANG MOKOTO

North West High Court in Mahikeng has struck the application of the former Greater Taung Local Municipality mayor, Kgosi Nnyoko Motlhabane off the roll with cost. The court said Motlhabane’s application is not an urgent matter.  

Motlhabane has approached the North West High Court on an urgent basis, arguing that his removal as a mayor of the Greater Taung Local Municipality a month ago was unlawful, unconstitutional and invalid.

He was ousted as the mayor through a motion of no confidence tabled by the Economic Freedom Fighters (EFF).

In his court papers, Motlhabane said: “On 31 March 2021, a council meeting was held. In the afore-stated meeting, I was asked about allegations of under-performance of the members of the executive council of the municipality.

“I answered the afore-stated question posed to me by responding that I could not immediately confirm or deny such allegations and that I will investigate the allegations of underperformance and will present a report to the council after the allegations have been investigated and my report on the matter had been compiled.”  

He further said it would have been irresponsible and untoward to have answered such question in relation to the integrity of three of the members of the executive council of the municipality without firstly investigating such allegations.    

Motlhabane added that unfortunately, certain members of the council were not content with the way in which he responded to the allegations in the council meeting of the 31 March 2021 and subsequently gave notice of the motion is of no confidence against me.

“The afore-stated motions of no confidence suggested that I had misled the council in as far as my answer to the allegations of under-performance of certain members of the executive committee was concerned.

“On 1 April 2021, a motion of no confidence was submitted to the Speaker, Ebusang Tladi by the Economic Freedom Fighters (EFF).  On 4 April 2021, another motion of confidence similar to the motion of no confidence was tabled by Forum 4 Service Delivery (F4SD),” said Motlhabane.

A special council meeting was called by the Speaker for the 13 April 2021 which was a virtual special council meeting. According to information, Tladi introduced the motion and councillor Crespo Menyatso raised an objection against the introduction of the motion.

Motlhabane said however, Tladi did not allow objections to the motions. He said Tladi was of the attitude that objections had to be directed to him in writing- which was not done.

“Astonishingly, the Tladi then proceeded to treat the motions of no confidence as unopposed motions and allowed it to be tabled. The meeting adopted the motions and resolved that I be removed as mayor of the municipality.

“Surprisingly, although the council resolved to remove me as mayor, I was not removed as a member of the executive committee. I am still a member of the executive committee,” said Motlhabane.

He added that the executive committee consists of 10 members and the newly-appointed mayor, Oageng Seleke was not a member of the executive committee when he was elected and appointed as mayor.

“It is common cause that mayor is appointed from the executive committee and not from the municipal council according to Section 48 (1) of the Municipal Structures Act 117 of 1998.

“Bearing in mind that the council consists of 48 members and the executive committee members consists of 11 instead of 10 according to the provisions of Section 43 of the Municipality Structures Act,” he said.

Motlhabane said bearing in mind that the special council was held on 13 April 2021, the last day for the submission of the notice of motion to lawfully serve before a council meeting on 13 April 2021 would have been 26 March 2021. He said applying the provisions of the Standing Orders to both of the motions of no confidence, it is clear that both motions of no confidence was submitted late.

“It is the prerogative of the Speaker in terms of Rule 9 of the Standing Orders, to ensure the council meetings are conducted in accordance with the rules. So, by allowing two motions of no confidence against me to find its way into the agenda of the special council meeting of 13 April 2021, the Speaker had acted in clear contravention of the Standing Orders.

“This is not where the unlawful conduct of the Speaker ceases. As already described earlier in this affidavit, an objection was raised at the special council meeting to the tabling of the motions of no confidence and the Speaker had the opportunity to disallow the motions,” said Motlhabane.

He said ignoring the objection, Tladi ignored his constitutional duty to ensure that a council meeting is conducted in accordance with the rules contained in the Standing Orders and allowed the irregular motions to be tabled.

Motlhabane said his alleged conduct was not investigated nor reported on, despite the existence of such procedures in Municipal Legislation.

“I was furthermore not provided with an opportunity to state my defence or to advance any counter arguments in the meeting. The act has been trampled upon publicly and brazenly by the Speaker, which leads me to draw the conclusion that the Speaker is acting with sinister motives.

“It is the well-published fact that local politics have lately been clouded by factionalism and specially factionalism within the ANC. It is no secret that Tladi and Seleke are sympathetic to a divergent faction within the ANC and has been supportive of this faction’s agenda for some time,” he said.

Motlhabane said he has no doubt that this faction will stop at nothing to reach their sinister objectives and I have no doubt that this process of ridding the municipal council of anyone that stands in the way of reaching the faction’s motives has now commenced.

Meanwhile, Tladi refused to comment on the matter and said he will only be available on Monday.  

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A man gets 25 years for murder and armed robbery

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  • Pic: (Prisoner’s cell)

By KEDIBONE MOLAETSI

A 43-YEAR-OLD man has been sentenced to 25 years imprisonment by the North West High Court in Vryburg on Wednesday. Orapeleng Patrick Ratilodi who resides in Cokonyane village in Taung shot and killed the driver of Sasko bakery, Onalenna Moreothata during an armed robbery back in 2018.

It was reported that, on 10 September 2018, Ratilodi and his accused, Obakeng Vaaltyn who is from Magogong village in Taung visited a local supermarket in Mogopela B where they bought a cool drink. According to information, the duo was sitting outside the supermarket when one of them inquired about the arrival time of the bakery from the owner of the supermarket who is of a foreign nation.

North West police spokesperson, Capt Aafje Botma said: “Moreothata and his assistant were busy preparing the order for the shop when Ratilodi and Vaaltyn suddenly pointed them with a firearm. The accused shot and killed Moreothata during the confrontation.

“The court heard that the accused searched the truck and robbed an undisclosed amount of money. Furthermore, the accused fled the scene in a red BMW. After a thorough investigation and information received from witnesses, the suspects were arrested and the red BMW was seized.”  

Botma said Vaaltyn was later acquitted in court due to a lack of evidence against him. However, she said Ratilodi was found guilty on charges of murder and robbery with aggravating circumstances.

“The accused was sentenced to 20 years for murder, 10 years for robbery with aggravating circumstances and five years’ imprisonment for pointing of a firearm. The court also ordered that the five years imposed on count two should run concurrent with count one, therefore, Ratilodi was effectively sentenced to 25 years imprisonment,” said Botma.

Meanwhile, acting North West police Commissioner, Major General Dintletse Molefe welcomed the sentence handed down to Ratilodi. Molefe applauded the investigating officer, Sergeant Phemelo Seothaeng of Pudimoe Detectives and all other roles players including prosecution for their diligence in ensuring that the accused gets maximum sentence.

“This will serve as a warning to those who commit crime, including murder, that they will do the time in jail,” said Molefe.

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Opinion: ‘Balance of forces term misused’

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Picture: Orapeleng “Vina” Matshidiso

By ORAPELENG MATSHIDISO

As we approach the regional and provincial conferences, a concept: “Reading of the balance of forces” is misused to mean numerical strength of a faction as opposed to its organizational use and applications.

Since the adoption of the strategy and tactics this concept, “balance of forces” has been used by the ANC to read both the subjective and objective conditions and the contending forces in the society. In order to assess it strength and weakness as it prosecute its National Democratic Revolution (NDR) for the attainment of its strategic objectives of building a national democratic society.

This assessment of the balance of forces in the struggle is necessary for the application of the specific and concrete tactics to navigate through the path against the forces that oppose the ANC and its creation of the ideal society.

In our conferences, some would be carrying scientific calculators as  oppose to conference discussion documents, because to some the conference is merely about the election of their preferred candidates.

The culture of objective engagement, honest discussion and correct decisions at the commissions are abandoned, precisely because we are not honest about the capacity of the people we elect in the positions of responsibilities.

When we say a comrade is equal to the task, it means he or she is equal to serve the interests of a faction, not the task of being a midwife of social transformation.

*Orapeleng Moatshidiso is a social activist, ANC member and working for the Dr Ruth Segomotsi Mompati District Municipality as Media Liaison Officer. The views expressed here are not necessarily those of Taung DailyNews.

Motlhabane challenges his removal as a mayor in High Court

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Picture: Former Greater Taung Local Municipality mayor, Kgosi Nnyoko Motlhabane

By OBAKENG MAJE

North West High Court in Mahikeng will be listening to the former Greater Taung Local Municipality mayor, Kgosi Nnyoko Motlhabane’s application where he is challenging his removal as the mayor.

Motlhabane want the court to declare the motion of no confidence against him as null and void. On 31 March 2021, Motlhabane was ousted as the mayor of the municipality through a motion of no confidence tabled by the Economic Freedom Fighters (EFF).  

“On 31 March 2021, a council meeting was held. In the afore-stated meeting, I was asked about allegations of under-performance of the members of the executive council of the municipality.

“I answered the afore-stated question posed to me by responding that I could not immediately confirm or deny such allegations and that I will investigate the allegations of under-performance and will present a report to the council after the allegations have been investigated and my report on the matter had been compiled,” he said.   

According to Motlhabane’s court papers, it would have been irresponsible and untoward to have answered such question in relation to the integrity of three of the members of the executive council of the municipality without firstly investigating such allegations.   

He said, unfortunately, certain members of the council were not content with the way in which he responded to the afore-stated allegations in the council meeting of the 31 March 2021 and subsequently gave notice of the motion is of no confidence against him.

“The afore-stated motions of no confidence suggested that I had misled the council in as far as my answer to the allegations of underperformance of certain members of the executive committee were concerned.

“On 1 April 2021, a motion of no confidence was submitted to the Speaker, Ebusang Tladi by the Economic Freedom Fighters (EFF). On 4 April 2021, another motion of confidence similar to the motion of no confidence was tabled by Forum 4 Service Delivery (F4SD),” said Motlhabane.

A special council meeting was called by Tladi for the 13 April 2021 which sitting was to be held a virtual meeting. Included in the agenda for the afore-stated special council sitting were the motions of no confidence submitted to the Speaker by the EFF and F4SD.

However, Motlhabane alleged that Tladi introduced the motion and councillor Crespo Menyatso raised an objection against the introduction of the motion. He said Tladi did not allow objections to the motions.

“Tladi was of the attitude that objections had to be directed to him in writing-which was not done. Astonishingly, Tladi then proceeded to treat the motions of no confidence as unopposed motions and allowed them to be tabled.

“The meeting adopted the motions and resolved that I be removed as mayor of the municipality. Surprisingly, although the council resolved to remove me as mayor, I was not removed as a member of the executive committee. I am still a member of the executive committee,” he said.

Motlhabane further said the executive committee consists of 10 members and the newly-appointed mayor, Oageng Seleke was not a member of the executive committee when he was elected and appointed as mayor. He added that it is a common cause that the mayor is appointed from the executive committee and not from the municipal council according to Section 48 (1) of the Municipal Structures Act 117 of 1998.

“Bearing in mind that the council consists of 48 members and the executive committee members consist of 11 instead of 10 according to the provisions of Section 43 of the Municipality Structures Act.

“Bearing in mind that the special council was held on 13 April 2021, the last day for the submission of the notice of motion to lawfully serves before a council meeting on 13 April 2021 would have been 26 March 2021. Applying the provisions of the Standing Orders to both of the motions of no confidence, it is clear that both motions of no confidence were submitted late,” said Motlhabane.

According to Motlhabane, the act has been trampled upon publicly and brazenly by Tladi and this leads him to draw the conclusion that the Tladi is acting with sinister motives. He alleged that it is the well-published fact that local politics have lately been clouded by factionalism and specially factionalism within the ANC.

“It is no secret that Tladi and Seleke is sympathetic to a divergent faction within the ANC and has been supportive of this faction’s agenda for some time. I have no doubt that this faction will stop at nothing to reach their sinister objectives and I have no doubt that this process of ridding the Municipal Council of anyone that stands in the way of reaching the faction’s motives has now commenced.    

“It is the prerogative of the Speaker in terms of Rule 9 of the Standing Orders, to ensure the council meetings are conducted in accordance with the rules. So, by allowing two motions of no confidence against me to find their way into the agenda of the special council meeting of 13 April 2021, the Speaker had acted in clear contravention of the Standing Orders,” he said.

Meanwhile, Tladi refused to be drawn into the matter and said it is sub judice.

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