Picture: The Municipal Manager at Naledi Local Municipality, Modisenyane Thompson Segapo  

By OBAKENG MAJE

The North West High Court sitting in Mahikeng has instructed the beleaguered Naledi Local Municipality in Vryburg to abide by its order. In September 2023, the North West High Court Judge FMM Reid, ruled that the appointment of Municipal Manager, Modisenyane Thompson Segapo was invalid and unlawful.

However, the municipality allegedly ignored the order and retained Segapo after appealing the matter. This prompted the applicants, Thabo Appolus, Lerato Setlhake, Lebogang Jacobs and Vuyiswa Morakile who launched an application, to return to court for interpolation.

“The non-compliance of the Uniform Rules of Court is condoned in terms of Rule 6 (12) and the matter is heard on an urgent basis. The judgement granted on 19 September 2023 by Reid J is enforced in terms of Section 18 (3) of the Superior Courts Act 10 of 2013 pending the appeal process instituted by the respondents on 29 September 2023.

“The respondents who opposed the application is ordered to pay the costs of the application, jointly and severally, the one paying the other to be absolved, on a scale of party and party which costs is to include the instruction of two counsel,” Reid said.

He further said the application has been launched urgently for condoning the non-compliance of the Uniform Rules of Court in terms of Rule 6 (12) and finding that, the matter is urgent. Reid added that the judgement granted on 19 September 2023 be enforced in terms of Section 18 (3) of the Superior Courts Act 10 of 2013 pending the appeal process instituted by the response on 29 September 2023.

“The respondents who oppose the application pay costs on an attorney and own client scale, which costs to include the institution of two counsel. The judgement granted 19 September 2023, which is the judgement sought to be enforced in this application, was done under case number UM 53/2023,” he said.

Meanwhile, Reid said the applicants requested the court to declare the council meeting held by the municipality on 20 March 2023, to be unlawful and invalid.

He said they also wanted the court to declare that all resolutions taken at the council meeting held on 10 March 2023 were unlawful and invalid.

“The first and second respondent be ordered to re-advertise the position of the Municipal Manager and commence the recruitment process de novo. That the municipality’s funds must not be used to defend these proceedings.

“Any respondents opposing the applicants be ordered to pay the costs of the application on an attorney and own client scale. So, the municipality opposed the relief sought,” said Reid.

He said that in October 2022, a vacancy for the Municipal Manager was declared by the municipal council, which triggered the commencement of a recruitment process. Reid said that, in September 2022, an advertisement for the vacancy was issued in accordance with the Resolution of the Council.

“Amongst others, Segapo and the 1st applicant were candidates competing for the position. This application was initially heard by this court on 24 March 2023.

“At that stage, the appointment of Segapo that was sought to be set aside was submitted to the North West MEC for Cooperative Governance, Human Settlements and Traditional Affairs (COGHSTA) or Minister Cooperative Governance and Human Settlements and Traditional Affairs to be considered.

He said: “At the time, that the application was heard on 24 March 2023, the MEC had not revealed its findings on the appointment of Segapo as Municipal Manager. As such the urgent application on 24 March 2023 was found to be premature and it was struck off the roll for lack of agency.

“The report from the MEC has now been received and the MEC does not support the appointment of Segapo as Municipal Manager. The report of the MEC is dated 26 April 2023 and titled: “Report on the process of appointing the Municipal Manager at Naledi Local Municipality.”

Reid said the finding of MEC is that the appointment of Segapo as Municipal Manager is not supported on the basis that, MEC found the procedural and substantive requirements in relation to the appointment of municipal senior managers, submitted as per Regulation 17 (4) not to have been complied with.

He said amongst others, the following issues of non-compliance were highlighted in the MEC’s report.

“Interviews were conducted 44 days after the screening process, which is 23 days more than the period that is allowed in terms of Regulation 15(1).

“Regulation 15 (1) which deals with the appointment and conditions of employment of senior managers was not complied with. The screening report attached to the submissions to the MEC was incomplete and there is no letter from the National Department of Cooperative Governance, Human Settlements and Traditional Affairs or evidence from the municipality that the request for security screening and vetting was sent to the National Department of Cooperative Governance, Human Settlements and Traditional Affairs,” said Reid.

He said the MIE screening results are dated 1 July 2021, which is prior to the vacancy date of 31 October 2022, and as such irregular. Reid said the minutes of the shortlisting process are non-compliant with the requirements in that the minutes attached to the report sent to the MEC did not mention the names of all the shortlisted candidates.

“The minutes only referred to the re-advertisement of the post. The minutes of the interview process are non-compliant in that it does not mention the top three candidates and those recommended to undergo competency assessments. There was no written confirmation attached by the successful candidate who does not hold any political office.

“The term of the contract as reflected on the letter of appointment is non-complaint as it exceeds the term of the council by four months. MEC found that the appointment of Segapo is contrary to the provisions of Section 54 (3)(b) of the Local Government: Municipal Systems Act 2000,” said Reid.

He said the MEC concluded that the appointment of Segapo is not supported as Municipal Manager. Reid said correspondence followed between the former acting Municipal Manager, the mayor, the MMC of Finance and Corporate Services, and the Whip of Council in which the above-mentioned irregularities were highlighted.

“No steps were taken to remove Segapo as Municipal Manager, despite his appointment being in conflict with the regulations as highlighted in the report of the MEC. In applying the facts to the law, the appointment of Segapo has to be set aside as it was not done in terms of the legislation and without the MEC’s approval.

“As far as the setting aside of the meeting dated 10 March 2023 and all resolutions taken in that meeting, this court cannot determine whether the meeting was correctly constituted and mandated,” he said.

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Picture: The government officials inspecting shops/Supplied 

By REGINALD KANYANE

A proactive operation was conducted in Danielskuil in a quest to address issues that lead to societal outrage in terms of food security concerns. This comes after allegations that a few individuals have died across South Africa after consuming contaminated food.

Now, many people call on the government to ensure that regulation of food safety and quality is important. 

ZF Mgcwawu District police spokesperson, Sergeant Omphile Masegela said, they have embarked on a multi-disciplinary inspection to ensure residents have access to safe and affordable food.

“Food that carries potential risks can be harmful to health. So, consumers expect and deserve protection against risks found in food, and therefore, appropriate regulatory systems are important. Our multi-disciplinary inspection consisted of members of Danielskuil SAPS, the Department of Health, the Kgatelopele Local Municipality mayor, Irene Williams, ward councillors, the Community Policing Forum (CPF), and Consumer Protection officials.

“We embarked on this initiative in order to enforce food security, the Consumer Protection Act, as well as raising awareness on the second-hand Goods Act and safety measures for the festive season period. The officials visited nine stores, where all expired food and hazardous food items to the estimated value of over R200 000 were removed from the shelves,” said Masegela.

He further said community members in the area appreciated the intervention by the members and officials from different departments.

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Picture: Bafana Bafana players against Rwanda/Google

By OBAKENG MAJE

The 2026 FIFA World Cup qualifier between Rwanda and Bafana Bafana produced a shock outcome after the East-Central African country beat the South Africans 2-0 to blow Group C wide open on Tuesday afternoon. A win for the South African senior men’s national team, who beat Benin at Moses Mabhida Stadium a few days ago, would have seen them take a commanding lead in the group.

But as fate would have it, the home side scored two goals inside the opening half an hour and despite a late rally by coach Hugo Broos’ charges, the pressure yielded nothing.

Rwanda took the lead through Innocent Nshuti in the 12th minute with a low shot that took the visitors’ goalkeeper Ronwen Williams by surprise. After the goal, the home side looked more galvanized and continued to apply pressure, and created a number of half chances.

Gilbert Mugisha got the second for Rwanda in the 28^th minute when the striker took advantage of confusion between Khuliso Mudau and Williams to slot home.

Bafana Bafana applied pressure towards the end but the hosts’ rearguard stood firm to secure a famous victory.

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Picture: Orlando Pirates FC player, Thembinkosi Lorch

By OBAKENG MAJE

Orlando Pirates FC player, Thembinkosi Lorch was sentenced to three years imprisonment for assault with intent to cause Grievous Bodily Harm (GBH) by Randburg Magistrate’s Court on Tuesday. However, the National Prosecuting Authority (NPA) regional spokesperson in Gauteng, Phindi Mjonondwane said the sentence was wholly suspended for five years on the condition that Lorch is not found guilty of committing a similar offense during the period of suspension.

“He was further ordered to pay a fine of R100 000 to the Non-Governmental Organisation (NGO), People Opposing Women Abuse (POWA), with R50 000 payable immediately and the balance in installments.

“The case relates to a complaint laid with the Midrand police by his then-girlfriend, Fundiswa Nokuphiwa Mathithibala in September 2020, that resulted in his arrest and subsequent release on bail of R2000,” she said.

Mjonondwane further said Lorch was arrested on 7 September 2020, following an incident that happened at his place of residence in Midrand on 6 September 2020. Mathithibala was visiting Lorch when he left her at his home to go out with his friend.

“Mathithibala saw that it was getting late and messaged him to return her car keys. On arrival, an argument ensued and Lorch became violent towards her. He started to strangle her and beat her whilst pulling her up and down. She called for help and his friend came to her rescue,” she added.

State prosecutor, Michele Hart argued that the medical evidence corroborated the evidence of the complainant. Hart said Lorch did not have any injuries, which meant that he was the aggressor.

“The accused and his witness did not create a good impression in court as they were found to be non-credible witnesses. The NPA will continue in its fight against Gender-Based Violence (GBV) to protect women from being subjected and/or targeted by perpetrators of GBV,” she said.

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Picture: Two suspects arrested during Operation Shanela/Generic

By OBAKENG MAJE

More than 800 suspects were arrested for numerous crimes during Operation Shanela. More than 23 arrests, were made for drug-related offenses, 24 for dealing in liquor, 37 for driving under the influence of liquor, and 3 for possession of firearms. The North West police spokesperson, Capt Aaftje Botma said, one suspect was also arrested for illicit mining. Botma said during the operations, 11 cell phones, 5 firearms with ammunition, 4 vehicles, 6 dangerous weapons, a variety of drugs, and precious metals, including 3000kg of copper cables were confiscated.

“The operation was strengthened by the traffic police, the Department of Home Affairs, the Department of Health, private security companies, and the Community in Blue through the Community Police Forum (CPF). More than 69 suspected undocumented persons were handed over to the Department of Home Affairs for further processing.

“A total number of 58 premises, 2345 persons, and 1727 vehicles were searched. More than 30 tracking operations were conducted by the detectives to trace known suspects. Moreover, 15 roadblocks were held,” she said.

She further said a tip-off they received, led to the execution of a search and seizure warrant by Potchefstroom K9 at a house in Extension 13 in Jouberton Township, outside Klerksdorp. Botma added that, during the operation, police found an unlicensed firearm and 51 ammunition.

“Lekaota Johannes Monkhe (40) was immediately arrested and appeared before the Klerksdorp Magistrate’s Court for possession of an unlicensed firearm and ammunition on 20 November 2023. Monkhe was granted R1000 bail and his case was postponed to 1 February 2024.

“As part of his bail conditions, he was ordered to report to the Jouberton Police Station twice a week. During the release of the quarter two crime statistics, Minister of Police, General Bheki Cele, said Operation Shanela, which is on its sixth month running, is effective and continuous to be altered and guided by crime pattern analysis,” she said.

Meanwhile, the North West Police Commissioner, Lieutenant General, Sello Kwena, said the police will through decisive action and community involvement, continue to combat crime and ensure that perpetrators are brought to book.

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Picture: Children from deprived backgrounds receive funding/Supplied

By KEDIBONE MOLAETSI

North West MEC for Social Development, Lazarus Mokgosi said orphans and vulnerable children at Utlwanang Township, near Christiana, will benefit from a one-year funding. During the second leg of the North West Provincial Government’s Accelerated Service Delivery programme, Thuntsha Lerole, Mokgosi handed over a symbolic cheque worth R952 324 000 to the Utlwanang Council of Churches representatives to enable them to continue to provide services to vulnerable children, older persons and persons with disabilities in the area.

On receiving the symbolic cheque, Utlwanang Council of Churches Project Manager, Obakeng Thomas, hailed the department for providing their organisation with funding.

“This is for the ninth time in a row. This is a financial boost and it will enable us to provide psycho-social support to the vulnerable children. So, we are grateful to receive the cheque.

“We are indeed humbled by this gesture and promise to use it in a transparent, efficient and effective manner for the benefit of the needy among our communities,” he said.

According to Thomas, they will continue to provide support to HIV/AIDS-infected and affected families and individuals in Kanana, Kgwapapa, Ikageleng, Sonderwater, Greenfield, Geluksoord Extensions, Monoto and Ngape.

He further said the Utlwanang Council of Churches was established by leaders of various churches amidst the high rise of HIV infections in the area, which contributed to a number of orphans and vulnerable children.

Thomas added that unemployment is also rife in the area, forcing most residents to depend squarely on social grants and odd jobs from the neighbouring farms.

Mokgosi whose department provides funding to most NPOs in the social sector, cautioned the Council of Churches to use government funding for its intended purpose.

“NPOs are strategically located within our communities to provide much needed services to the most vulnerable and they serve as an extended arm of government. As such, we trust them with government money and we urge them to submit financial reports to the department.

“Since the Thuntsha Lerole Service Delivery programme was launched in Mamusa in July 2003, we have handed over cheques to more than ten NPOs, including women-owned SMMEs across the province,” he said.

Mokgosi said they have also provided social relief of distress in the form of food parcels to poverty-stricken families.

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Picture: The data capturers appointed in quest of curbing illegal tuck shops/Facebook  

By OBAKENG MAJE

North West MEC for Department of Economic Development, Environment, Conservation & Tourism (DEDECT), Virginia Tlhapi said the induction of 113 young data capturers, will bolster efforts to consolidate and update the North West Business Licensing Database.

Tlhapi said the two-day workshop held in Rustenburg from 15-16 November 2023, provided comprehensive training on the roles and responsibilities of data capturers by equipping them with the necessary skills to effectively fulfil their duties.

“You need to do your work with a sense of encouragement and appreciation. I am grateful for your willingness to take on the responsibility of making a positive change in their communities by identifying and addressing illegal tuck shops that operate without licenses or use fraudulent documents.

“This initiative will help to combat criminal activities and ensure that all businesses in the province are operating legally and ethically. The data capturers will play a crucial role in this process by visiting every business outlet in their assigned areas and conducting thorough checks to verify their licenses and compliance with regulations,” she said.

Tlhapi further said the province is plagued by illegal tuck shops that are not registered and operating without the necessary licences. She added that, as the department responsible for regulating businesses, they need assistance in identifying and registering these outlets.

“This is why we are here today conducting this induction and workshop to make sure that, everyone involved in this operation has a clear vision and understanding of the goals we are trying to achieve,” said Tlhapi.

Meanwhile, the DEDECT’s Chief Director for Business Regulations, Onnicah Sithole, shared the same sentiments. Sithole said the importance of this initiative is to emphasise the critical role that the data capturers will play in ensuring compliance with the North West Business Licensing Act No. 03 of 2019.

“The appointments of these data capturers will significantly enhance our ability to verify that all businesses operating within the province are duly licensed with their respective municipalities.

“The data capturers who have been appointed for a one-year term, will be responsible for ensuring adherence to regulatory requirements and escalating any non-compliance issues to the department’s regulatory divisions,” she said.

Sithole said they have implemented stringent monitoring mechanisms to oversee the daily activities of the data capturers. She said they are required to submit weekly reports to their management teams for consolidation and subsequent submission to the department.

“This will enable us to maintain a comprehensive and up-to-date business licensing database, allowing us to effectively regulate business operations within the province. The department urges all business owners to collaborate with the data capturers to ensure seamless compliance with the North West Business Licensing Act.

“By working together, businesses can contribute to a well-regulated business environment that fosters growth and economic prosperity in the province,” said Sithole.

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Picture: Bafana Bafana players ready to face Rwanda/Facebook 

By OBAKENG MAJE

Bafana Bafana endured a 10-hour journey from Johannesburg to Butare, Rwanda ahead of today’s crunch 2026 FIFA World Cup qualifier against the East-Central African country. South African senior men’s national team coach, Hugo Bross bemoaned the strenuous traveling that was involved and was also not happy with the state of the pitch the team encountered on arrival.

“It is not only the flight, but the three-hour bus trip to Butare. When I looked at the images of Huye Stadium, the pitch was poor. Let us just make good decisions for traveling and for playing. The trip was taxing on the whole team, but at the end of the day they are professionals and the game needs to be played on Tuesday.

“I think now with the group we have, it is not such a problem. The team wants to go far in the World Cup and they will go far. They all know these type of situations and through it all the mind-set, remains positive and I know my team will be ready,” said Broos.

He further said on this type of pitch (synthetic pitch) and its new generation, they have had some experience on it. Broos added that, but, this one they are going to play on today is badly maintained and the bounce of the ball is different.

“It’s going to be fighting football today. We need 11 warriors on that pitch and we are not thinking about good, nice football – we are thinking about fighting football. Mothobi Mvala, Aubrey Modiba and Evidence Makgopa have injuries and whether they will be ready on game-day remains the main test ahead of the match.

“I believe that I have found my team and they are playing good football. Khuliso Mudau, who scored in the 2-1 win against Benin in the opening FIFA World Cup qualifier in Durban on Saturday, is full of confidence ahead of the meeting with Rwanda,” he said.

Mudau said: “I believe that we can win today. The confidence that I needed was instilled in me by the coach and I hope I’m able to give my best once again when I take to the pitch. I’m always here to make a difference and to assist my team where I can”

Meanwhile, the game will be played at the 20 000-seater Huye Stadium and kick off is at 3pm (both SA time and Rwanda time).

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By OBAKENG MAJE

Former Chief Financial Officer (CFO) at Bojanala District Municipality, Olga Leslina Ndlovu (44) briefly appeared in the Rustenburg Specialised Commercial Crimes Court on 20 November 2023 for alleged corruption. The Hawks spokesperson in North West, Lieutenant Colonel Tinyiko Mathebula said Ndlovu handed herself over to the members of the Hawks’ Serious Corruption Investigation this morning.

“She is linked to fraud and contravention of PFMA case of R1.9 million involving the then Municipal Manager of Bojanala District Municipality, Patrick Pogisho Shikwane, and the Director of Marole Nameng Trading, Moses Malesa.

“In December 2018, Shikwane allegedly appointed Marole Nameng Trading to supply Bojanala District Municipality with disaster relief materials. Reports indicate that Shikwane authorized payment to the tune of R1.9 million to Marole Nameng Trading without following proper supply chain processes,” he said.

Mathebula further said Marole Nameng Trading allegedly received payment but never delivered the procured materials. He added that further investigations revealed that, Mahle Supply, a company owned by Ndlovu, allegedly received R400 000 from Marole Nameng Trading during her tenure as CFO.

“Ndlovu was granted R5000 bail and her case was postponed to 30 November 2023 for further investigation. Shikwane and Malesa have since appeared in court and were granted R10 000 and R5 000 bail respectively,” said Mathebula.

Meanwhile, the North West Hawks Head, Major General Patrick Mbotho, and the Director of Public Prosecutions in the North West, Dr Rachel Makhari, praised the investigation and prosecution team for their collaboration on the case. They have vowed to continue working together to stamp the authority of the state in the province.

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