Naledi Local Municipality loses court appeal over Modisenyane Segapo’s irregular appointment    


By OBAKENG MAJE

14 November 2025- The embattled Naledi Local Municipality’s application for special leave to appeal a judgment was dismissed by the Supreme Court of Appeal (SCA) in Bloemfontein on 14 November 2025. The appeal originates from an urgent application that was initiated by Thabo Appolus, who was serving as a Director of Corporate Services in the Naledi Local Municipality and Lorato Setlhake, Lebogang Jacobs and Vuyiswa Morakile, who were serving as councillors at the municipality.

The Supreme Court of Appeal Judge, Kgoele JA said for convenience, the first to fifth appellants and the first to fifth respondents will collectively be referred to as appellants and respondents respectively, except where the context dictates otherwise. Kgoele said when the urgent application was served before the high court, the former acting Municipal Manager, Nelson Mongale, the municipal speaker PGC Gulane, the mayor Clifton John Groep, the MEC for COGHSTA, SALGA and the Provincial Treasury were also cited respondents.

“The urgent application sought the setting aside of Segapo. Among other ancillary relief, the respondents also sought a declaration that the Special Council meeting of 10 March 2023, at which a resolution to appoint Segapo was passed, was unlawful and invalid.

“The impugned appointment was Segapo’s third term as Municipal Manager. His initial appointment spanned from 2011 to 2016, followed by a re-appointment on 1 September 2021. The second tenure was limited to one year. It was terminated by the election of the new council, which legally brought his appointment to an end,” he said.

Kgoele further said the process regarding his third tenure commenced in October 2022, when the council declared a vacancy that initiated a recruitment process. He added that eight candidates submitted applications to fill the vacancy advertised on 4 September 2022.

“Segapo and Appolus were the only candidates shortlisted out of the eight applicants. Appolus subsequently withdrew his candidacy. Since Segapo was still the municipality’s accounting officer when the position was advertised, he sought a legal opinion from Modiboa Attorneys Inc on the legitimacy of interviewing only one candidate.

“The legal opinion advised the municipality to re-advertise the vacancy to prevent the process from appearing biased, unfair or anti-competitive. It also recommended the appointment of an acting Municipal Manager in the interim,” said Kgoele.

He said the legal opinion received led to a council meeting that was held on 20 October 2022, during which a resolution was passed to re-advertise the position. Kgoele said it was further resolved that the panel appointed for the recruitment process of the initial advertisement be reinstated.

“The panel consisted of the mayor, councillor Hendriette van Huysteen, former Municipal Manager of the Greater Taung Local Municipality (GTLM), Katlego Gabanakgosi, Provincial Treasurer, L Mokoena and Desiree Tlhoaele from SALGA.

“Gabanakgosi was subsequently replaced by Rantsho Gincane. A total of 13 applicants were received, and five candidates were shortlisted. Segapo was amongst the five shortlisted. Following the interviews conducted, Segapo was recommended for the appointment as the Municipal Manager,” he said.

Kgoele said on 10 March 2023, a special council meeting resolved to appoint him. He said according to the respondents, as the recruitment process unfolded, they became aware of certain irregularities during the recruitment process.

“The initial irregularities pertained to the involvement of the mayor in the panel, in violation of Regulation 12 (5) and (6) of Local Government: Regulations of Appointment and Conditions of Employment of Senior Managers (the regulations), which regulates the disclosure by the panel members of any interest or relationship with the shortlisted candidates during the shortlisting process.

“The second irregularities concerned the procedures followed during the interview process. The irregularities form the crux of this appeal, the specifics of which will be addressed later in the judgment,” said Kgoele.

He said the special council meeting and the resolution adopted during that meeting are what broke the camel’s back. Kgoele said this prompted the respondents to file an urgent application, alleging that the entire recruitment process, including Segapo’s appointment, was riddled with apparent irregularities that could withstand legal scrutiny.

“The appeal is dismissed and third to fifth appellants are ordered to personally pay the costs of this appeal, including the costs of the application for leave to appeal on a party and party scale, jointly and severally, the one paying the other to be absolved.

“Such costs to include costs of two counsels where employed. The high court ordered the first appellant, the Naledi Local Municipality and the second appellant, the Naledi Local Municipality council to initiate a new recruitment process for the appointment of Municipal Manager,” he said.

Meanwhile, it is alleged that the municipality has spent over R20 million on this case thus far.

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The GNU and the persistence of the old order


By BAKANG MOKOTO

14 November 2025- The North West University (NWU)’s Chief Director of the NWU Business School, Prof Joseph Sekhampu said the Government of National Unity (GNU) has now settled into the political landscape and is no longer an experiment, but a lived reality. Sekhampu said its existence invites a deeper reflection on what it reveals about the state of democracy and the enduring instinct for survival.

He further said far from signalling a rupture, the ANC’s participation in the GNU may represent a familiar trend in their political history, one in which power yields just enough to preserve itself. Sekhampu added that what began as an act of accommodation has become a study in continuity and shows how institutions adapt to new conditions without transforming their essence.

“The question that remains is whether the GNU serves as a bridge to renewal or as a careful continuation of the same political logic that has long defined the South African reality. The ANC has never been a conventional party.

“It is a broad ecosystem of legitimacy and influence that binds the state, society, and liberation memory together into a single governing identity. Its authority has always depended as much on narrative as on numbers, and rests on the belief that it embodies the moral centre of the nation. The GNU does not dismantle that claim; it rearticulates it in new form,” he said.

Sekhampu said political theorists describe this as adaptive hegemony. He said when a dominant movement facing erosion of its base preserves influence not through control but through accommodation.

“In this sense, the ANC’s embrace of the GNU is not a reluctant surrender but a structural adaptation. It has accepted that in a post-majority democracy, power must be shared in appearance but maintained in effect.

“The GNU emerges not as a bold experiment, but as the instinctive adjustment to preserve equilibrium. Power, long shaped by the habits and hierarchies of the ruling party, is redistributed to prevent rupture. Shared governance becomes a mechanism through which blame is diffused, fatigue is managed, and legitimacy renewed,” said Sekhampu.

He said this is not the outcome of deliberate design, but rather the quiet logic of a political order that adapts to preserve itself through accommodation. Sekhampu said the GNU restores a sense of moral order without requiring transformation and allows the governing structure to appear responsive while remaining fundamentally unchanged.

“It functions less as a political breakthrough than as a reflex of survival in a system that bends just enough to keep itself intact while ensuring the centre holds. The recent GNU leadership retreat at the Cradle of Humankind revealed how this dynamic plays out in practice.

“The gathering projected an image of collective resolve and shared purpose, yet beneath the language of unity laid the steady hand of ANC stewardship. The scene captured a deeper truth about South African politics that even with a weakened majority, the ANC remains the gravitational centre around which others orbit,” he said.

Sekhampu said the GNU thus functions less as a rupture and more as a reconfiguration of the same order. He said there are precedents for this trend.

“Italy’s Christian Democrats ruled for half a century by folding rivals into endless coalitions that spread responsibility, but preserved influence. Japan’s Liberal Democratic Party repeatedly lost majorities but re-emerged as the indispensable centre of governance.

“In both cases, adaptation replaced victory. South Africa’s GNU fits this global script of managed decline: pluralism in form, continuity in substance. Adaptation, while it allows political systems to endure, does not in itself bring renewal or transformation,” said Sekhampu.

He said when power is dispersed too widely, accountability weakens, and leadership loses its authority. Sekhampu said what begins as inclusion can settle into inertia, where scrutiny fades and inefficiency hides behind the language of consensus.

“The GNU risks becoming a structure that sustains stability without progress, broad enough to survive, but constrained from acting with purpose. However, this moment may still be part of South Africa’s democratic learning curve.

“Although stretched, the country’s institutions have shown the capacity to absorb uncertainty and resist collapse. The Government of National Unity may not signal decline, but rather a pause between eras. It is a moment for the nation to face its own reflection as a weary, adaptive, and yet resilient democracy,” he said.

Sekhampu said in that reflection, the ANC remains both the author and subject of the story, still editing the script long after the audience thought the play had ended.

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Magogong man sentenced to life imprisonment for killing his mother with a spade


By OBAKENG MAJE  

14 November 2025- A man (37) from Magogong village, near Taung was sentenced to life imprisonment by the Taung Regional Court for killing his mother. The accused, Thabiso Godfrey Nkwane brutal murdered his mother, Maseko Irene Nkwane (55) with a spade.

The National Prosecuting Authority (NPA) regional spokesperson in North West, Sivenathi Gunya said he was further sentenced to three years’ imprisonment for contravening a protection order. Gunya said the sentences will run concurrently.

“Judgment was delivered on 13 November 2025. The court heard that the deceased had earlier obtained a protection order against her son. Among other conditions, Nkwane was prohibited from entering her residence or committing any acts of domestic violence. The order was granted on 25 February 2025, and was duly served on him.

“On 9 March 2025, shortly after midnight, the accused went to his mother’s home demanding food. When she refused to open for him, he broke a window to gain entry. Fearing for her safety, she stepped outside carrying a spade in an attempt to warn him off. Nkwane forcefully grabbed the spade from her and assaulted her repeatedly, inflicting severe injuries,” he said.

Gunya further said her screams alerted neighbours, who rushed to the scene, at which point the accused fled. He added that the victim was taken to the hospital, but succumbed to her injuries on 11 March 2025.

“A case was opened and Nkwane was arrested the following day. He has remained in custody since. During the trial, Nkwane pleaded guilty. In aggravation, the state prosecutor, Sammy Bongani Chabe argued that the guilty plea was not a sign of remorse but a response to the overwhelming evidence against him.

“He submitted that there were no substantial and compelling circumstances to justify deviating from the prescribed minimum sentence of life imprisonment,” said Gunya.

Magistrate Buti Zulu agreed with the state, finding that the accused showed no regard for human life. Zulu said the court found no basis for leniency and accordingly imposed a life sentence for murder and an additional three years’ imprisonment for contravening the protection order.

Welcoming the sentence, the Director of Public Prosecutions in the North West, Dr Rachel Makhari, commended Prosecutor Chabe and the investigation team for their dedication.

“The NPA remains steadfast in ensuring accountability. Violent crimes will not be tolerated, and perpetrators will face the full might of the law,” said Dr Makhari.

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ANC and Umkhonto weSizwe to square it up in court over logo


By REGINALD KANYANE

14 November 2024- The African National Congress (ANC) said today it will appear before the Supreme Court of Appeal (SCA) in its appeal concerning the ongoing trademark dispute with the uMkhonto weSizwe Party. The party said this case is not about technicalities.

The ANC national spokesperson Mahlengi Bhengu said it is about safeguarding a heritage built through sacrifice, discipline and unwavering commitment to the struggle for freedom. Bhengu said uMkhonto weSizwe is the people’s army founded by the

ANC on 16 December 1961 under the leadership of Oliver Tambo, Nelson Mandela, Moses Kotane, Moses Mabhida, Chris Hani, Joe Modise and Joe Slovo.

“It carries the memory of freedom fighters such as Vuyisile Mini, Solomon Mahlangu, Barney Molokoane, Phila Ndwandwe, Makhosi Nyoka and countless others who paid the ultimate price in the struggle for liberation. On 22 April 2024, the KwaZulu-Natal High Court dismissed the ANC’s application brought under the Trade Marks Act and the common law of passing off.

“We approached the courts as the unauthorised use of the ANC’s registered warrior logo and the revered name “uMkhonto weSizwe” in political activities creates confusion among the public and exploits the goodwill built through decades of struggle. On 8 August 2024, the High Court granted leave to appeal, acknowledging the importance and complexity of the issues at stake, as well as the prospect that another court might reasonably reach a different conclusion,” she said.

Bhengu further said in the SCA, the ANC’s submissions address the well-established reputation of the MK name and insignia, the unlawful appropriation of the mark, and the prejudice caused when a symbol of our liberation struggle is used without authorisation. She added that their case is firmly grounded in law, historical fact and the need to preserve the integrity of a movement that founded and nurtured uMkhonto weSizwe.

“We remain confident in the merits of our appeal. As always, the ANC respects the independence of the judiciary and the processes of the court. We will await the judgment of the SCA with discipline and composure, and will comment further once the Court has delivered its decision,” said Bhengu.

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Provincial Planting Season officially launched


By OBAKENG MAJE

14 November 2025- The North West Department of Agriculture and Rural Development officially launched the 2025/26 Provincial Planting Season at the Retladirela Cooperative in Dwarskraal, outside Delareyville. The department said the event was held under the theme: “Sustainable Crop Production for Food Security and Growth” and brought together farmers, stakeholders and partners from across the province to promote best practices in grain production and mechanized farming.

The North West MEC for Agriculture and Rural Development, Madoda Sambatha said the Provincial Planting Season serves as a key intervention to activate land, enhance productivity and support both emerging and established farmers with technical knowledge and production inputs. Sambatha said as part of the Crop Massification programme, the department has committed to cultivating 6000 hectares across the province’s four districts.

“In the Ngaka Modiri Molema District just over 2500 hectares have been earmarked for production during the 2025/26 financial year, supported by an investment of over R23 million. The Retladirela Cooperative, which operates on 565 hectares, is one of the key beneficiaries of this programme.

“For the current season, the cooperative will plant maize and sugar beans across 250 hectares. It is important to empower farmers with both resources and technical expertise to drive sustainable agricultural development,” he said.

Sambatha further said every hectare of productive land must serve as a catalyst for food security and inclusive economic growth. He added that planting is never just about the present season, it is about shaping the future.

“Every seed we sow is a declaration of intent to nourish communities, uplift rural economies and build a resilient, self-sustaining province. The successful launch of the 2025/26 Provincial Planting Season in Dwarskraal signals a decisive step forward in strengthening the province’s agricultural base.

“With a clear focus on land activation, farmer support, and sustainable production, the Department of Agriculture and Rural Development has laid the groundwork for a season defined by collaboration, resilience, and growth,” said Sambatha.

 He said as the programme unfolds, the emphasis remains on turning policy into practice, ensuring that every hectare cultivated contributes to food security, economic development and the long-term vitality of farming communities across the North West.

Speaking during the launch on behalf of the cooperative, Nkwe Metswamere welcomed the department’s support and reflected on the cooperative’s journey since its establishment in 2005. Metswamere said he noted that the recent mechanization support received through the National Department of Land Reform and Rural Development has significantly improved operational efficiency and reduced the time required for soil preparation and planting.

“We encourage farmers to remain patient and committed when engaging with government processes, emphasizing that persistence and adherence to proper channels yield tangible results. The mechanization package provided to the cooperative includes two tractors, two ripper machines, an eight-row planter, a 24-disc offset, a 10-ton trailer, 1,000-litre boom sprayers, and production inputs.

“These were showcased during live demonstrations conducted as part of the launch, offering farmers hands-on exposure to modern mechanization techniques that enhance planting precision and the efficient use of agrochemicals,” he said.

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