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.
The Guardian 