
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.



