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

By OBAKENG MAJE

The embattled Naledi Local Municipality in Vryburg said it is going to challenge the North West High Court decision. Last week, the North West High Court sitting in Mahikeng, rendered the appointment of the Municipal Manager, Modisenyane Thompson Segapo as invalid and unlawful.

This comes after some aggrieved employees and councillors, Thabo Appolus, Lerato Setlhake, Lebogang Jacobs and Vuyiswa Morakile launched an application on an urgent basis challenging the appointment of Segapo.

Judge FMM Reid said, the report from the MEC has now been received and the MEC does not support the appointment of Segapo as Municipal Manager. Reid said 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.”

“The finding of MEC is that the appointment of Segapo as Municipal Manager is not supported because 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.

“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),” he said.

Reid said Regulation 15 (1) which deals with the appointment and conditions of employment of senior managers was not complied with.

He said 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.

“The MIE screening results are dated 1 July 2021, which is prior to the vacancy date of 31 October 2022, and as such irregular. 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 that does not hold any political office,” said Reid.

He said the term of the contract as reflected on the letter of appointment is non-compliant as it exceeds the term of the council by four months. Reid said the 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.

“The MEC concluded that the appointment of Segapo is not supported as Municipal Manager. 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 application of 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,” he said.

Reid said 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 the applicants did not make out a substantive case to grant the relief to have the meeting and the resolutions (save for the appointment of the Municipal Manager) set aside.

“This is the position since there are several factual disputes relating to the mandates, proxy, and other issues which this court is not going to entertain in this urgent application.

“The court dispenses with the Rules relating to forms, services, and time periods as prescribed by the Uniform Rules of this court and directs that the matter be enrolled and heard as an urgent application in terms of Rule 6 (12),” said Reid.  

He said the appointment of Segapo as the Municipal Manager from 10 March 2023 is set aside as invalid and unlawful. Reid said the municipality is ordered to advertise the position of the Municipal Manager and commence the recruitment process de novo.

However, the Naledi Local Municipality acting spokesperson, Portia Maphike said: “The court based its decision on the letter of the MEC of COGHSTA, which raised a number of concerns about the process of appointment, and not the candidate’s qualifications, experience, expertise or competency as these were all met.

“The issues raised by the MEC are based on gross mistakes made in the assessment by the Office of the MEC, which mistakes and falsehoods have since been clarified by the only appointing authority – the Municipal Council.”

Maphike said a judgment based on a mistaken assessment cannot be held without rectification, hence the resolution by the only appointing authority, council resolved on 22 September 2023, to appeal this matter at the Supreme Court of Appeal in Bloemfontein.

She said the effect of the appeal process is that it suspends this erroneous judgment. Maphike said in effect, once the appeal is lodged with the SCA, the duly appointed Municipal Manager will return to work to deliver services to the communities as he has competently done.

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Picture: RSA President, Cyril Ramaphosa

By CYRIL RAMAPHOSA

The recent catastrophic floods in Libya are a stark reminder of the extreme vulnerability of developing economy countries to the effects of an ever-changing climate. 

Many other countries on the African continent are just as vulnerable. Despite carrying the least responsibility for global warming, Africa is warming faster than the rest of the world.

I have just returned from the United Nations General Assembly in New York where climate change was a major focus of discussion. There is growing concern that the international community is falling significantly short on meeting the goals contained in the Paris Agreement to combat climate change. 

While the nations of the world agreed in Paris in 2015 on urgent actions to limit global temperature rises and mitigate the impact of climate change, the effects of climate change are being increasingly felt with greater ferocity.

Although developed economy countries promised to support developing economies as they transition to low-carbon, climate resilient societies, this support has not been forthcoming at the scale and with the urgency that is needed.

Among other things, wealthy countries have not provided the promised finance that vulnerable countries need to adapt to climate change and to cover the cost of the loss and damage caused by climate disasters.

To galvanise governments, business, financial institutions and civil society towards greater climate action, the UN Secretary-General António Guterres convened a Climate Ambition Summit on the side-lines of the UN General Assembly last week.

By emphasising ‘ambition’, the UN Secretary-General was saying that not nearly enough is being done to tackle climate change and that there is insufficient urgency.

South Africa used the summit to reiterate our long-stated position that developed economy countries must fulfil their obligations and honour their past promises to developing economy countries.

This is not about charity. It is about economic and social justice. Africa’s people are literally paying the price for the industrialisation and development of the countries of the north.

It is also about shared interests because the economic and social havoc caused by climate change will make the world more unstable, less secure and will increase competition for scarce resources like water and food.

As African countries, we cannot be bystanders to our own development. We are putting the necessary measures in place to decarbonise our respective economies while pursuing sustainable development. 

The transformation of the energy landscape in Africa is a priority. As African countries we have called on the international community to support efforts to increase the continent’s renewable energy capacity while ensuring energy security for Africa’s people. This needs to take place alongside increased investment in smart, digital and efficient green technologies in carbon-intensive sectors such as transportation, industry and electricity.

As South Africa, we want to use our abundant solar and wind resources to position our country at the forefront of the clean energy transition. Regulatory reforms undertaken by this administration have resulted in a confirmed pipeline of renewable energy projects that are expected to produce in excess of 10 gigawatts of electricity.

We have reaffirmed that the transition to low-carbon economies and societies must be just and inclusive. It must also be appropriate to our national circumstances and development plans.

As the world works to address climate change, we need to avoid measures that, while intended to reduce global warming, simply further increase the vulnerability of developing economies. One of these measures is the European Union’s Carbon Border Adjustment Mechanism, which will increase tariffs on all imports into the EU that are produced through carbon-intensive processes. 

This is likely to have a significant impact on South African producers, increase the costs of South African exports into European markets and reduce our economy’s competitiveness. 

In my address to the Climate Ambition Summit, I said that trade mechanisms must enable products from Africa to compete on fair and equitable terms. Trade tariffs and non-trade barriers that have an environmental purpose should be the product of multilateral agreements.

As South Africa, we are committed to contributing our fair share to the global climate change effort. The message we took to this year’s UN General Assembly is that the unique circumstances of countries with low levels of development must be taken into account and that developed economy countries must honour their commitments to support climate mitigation and adaptation. 

To achieve the Sustainable Development Goals by 2030, unity of purpose and action between countries is vital, as is a common commitment to multilateralism in the global climate change effort.

Ultimately, no country should be forced to choose between climate action and meeting their developmental aspirations. 

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Picture: The missing Lydia Van Wyk/Supplied

By BAKANG MOKOTO

The Sutherland police are requesting assistance in tracing an elderly woman, Lydia Van Wyk (73) who was reported missing by her daughter on 26 January 2022. Van Wyk, who originates from Calvinia, was last seen at the De Bron Farm near Sutherland, where she was visiting her daughter.

The Northern Cape police spokesperson, Lieutenant Col Sergio Kock said, at the time Van Wyk went missing, she was wearing a brown dress.

“She is 1.5-metre-tall, slender build, has grey hair and speaks Afrikaans. The Sutherland Police, SAPS Search and Rescue team and the community fine combed the mountainous areas and all around Sutherland, but could not find the elderly person.

“The police request anyone with information to call Capt Marius Malan on 082 495 6638. The investigation continues,” said Kock.

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By OBAKENG MAJE

The murder case against five accused has been postponed 16 January 2024 by the North West High Court sitting in Ga-Rankuwa. Mamokgethe Gertrude Mashimbi (41), Thandi Margaret Khumalo (38), William Maluleka (32), Nicholas Malope (35) and Jan Chauke (28) were arrested in connection with a former policeman, Thomas Mashimbi’s murder.

It is alleged that, Mashimbi was married to Mamokgethe Mashimbi. The five accused are further charged with two counts of conspiracy or incitement to commit murder, housebreaking with intent to kill, murder with aggravating circumstances, unlawful possession of a firearm, unlawful possession of ammunition, fraud on accused one only, and perjury on accused one only.

The National Prosecuting Authority (NPA) regional spokesperson in North West, Henry Mamothame said, the state called on the investigating officer to give an account of the evidence he gathered, linking the accused to the murder.

Mamothame further said the investigating officer is expected to continue giving evidence and put through cross-examination when the matter resumes next year in January.

“The state has completed leading its evidence with an expert from the cell phone network provider, demonstrating the link in communication between all accused persons in plotting the murder. The defence attorneys have also completed cross-examining the witness.

“The police investigations reveal that, between 7-24 January 2018, Gertrude Mashimbi approached two individuals, now state witnesses, and incited them to commit a planned robbery at their marital home in Lebanon, near Winterveldt.

“The two then failed to commit to the proposition, but reported the matter to the police. She then approached Khumalo, who arranged a meeting with the other three accused. Reports reveal that meetings were conducted between 7-24 February 2018, to plot the execution of the plan to murder Mashimbi,” he said.

Mamothame added that, on 21 February 2018, Gertrude Mashimbi allegedly ensured that the gates and kitchen door were not properly closed to facilitate entry into the premises. He said it is further alleged that, Gertrude Mashimbi went to the police on 10 November 2017 and complained that her husband was abusing her, thus requesting a protection order.

“The order was granted and Mashimbi’s firearm was confiscated as a result, pending the outcome of the SAPS internal process to ascertain his fitness to possess a firearm. The state argues that this was part of the plan to disarm the deceased, to prevent him from defending himself when the attack is executed.

“It is alleged that, on 21 February 2018, Maluleka, Malope, and Chauke entered the house and shot at the deceased, subsequently escaping the scene with two cell phones, a TV set, and money estimated at R20 000. It is alleged that, Gertrude and two of their children were in the house when the plan unfolded, and she was unharmed during the commissioning of the crime,” said Mamothame.

He said they were all arrested between 18 and 19 September 2019. Mamothame said five will remain in police custody until the matter is concluded.

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Setshwantsho: Bo rra ditekesi magareng ga Taung le Vryburg

Ka OBAKENG MAJE

Ntwa ya ditekesi magareng ga bo rra ditekesi ba Vryburg le Taung e sentse e tsweletse. Ntwa e, fa e sala e runya ka Laboraro morago ga gore borra ditekesi ba Vryburg, ba latofatse ba Taung ka go ba utswetsa bapalami.

Go begwa fa borra ditekesi ba Taung, ba pega bapalami kwa ntle ga renke, gonne ba sena ditlankana tse di maleba tsa go pega go tswa Vryburg go ya Taung. Seno, se ile sa baka gore bo rra ditekesi ba Vryburg bat swale tsela e e yang Taung.

Go begwa fa sepodisi se ile sa tsereganya, mme tsela ma gareng ga Vryburg le Taung e ile ya bulwa.

Modulasetulo wa South African National Taxi Association (SANTACO) kwa Sedikeng sa Dr Ruth Segomotsi Mompati, Ebusang Tladi are, ba ile ba nna le kopano magareng ga maphata a le mabedi ka Labone, mme ba setse ba emetse pegelo ya tsereganyo.  

“Se re se itseng ke gore, bo rra ditekesi ba Taung, ba pega bapalami kwa ntle ga renke ya Vryburg, mme ba kaetse ba Vryburg gore bone ba ka nna ba pega kwa renke. Fela, seo se ile sa baka tlhaka-tlhakano. Bo rra ditekesi ba Vryburg ba kaile fa borra ditekesi ba Taung ba seka ba pega.  

“Jaanong re nnile le kopano mo letsatsing la maabane go ka rarabolola bothata jo. Se re se emetseng fela, ke tshwetso mo ntlheng eo gore e tsenngwe tirisong. Borra ditekesi ba Vryburg, bone ba na le tetla ya go pega bapalami go tswa mo Vryburg go ya kwa Taung,” Tladi wa tlhalosa.

Kgabagare, lekala le le ikemetseng la sepodisi la IPID, le kaile fa le batlisisa kgetsi ya maiteko a polao kgatlhanong le lepodisi lengwe. Seo se tla morago ga gore, lepodisi le, le thuntse tekesi nngwe ya borra ditekesi bano ba kwa Vryburg.

Sebueledi sa IPID mo Bokone Bophirima, Robbie Ramokgola are: “Re le IPID, re tlhaloganya gore go na le lepodisi le lene le kgweetsa tekesi ya lone, mme le ile la tlhaselwa ke borra ditekesi ba. One a siela kwa seteisheneng sa sepodisi kwa Huhudi, mme go begwa fa borra ditekesi ba, ba ile ba mo sala morago le go senya tekesi ya gagwe.

“O ile a thuntsha, mme a senya tekesi ya borra ditekesi bano. Fela, ga gwa nna le dikgobalo, kgetsi ya maiteko a polao e butswe kgatlhanong le lepodisi leo.”

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Picture: The missing Judy Gadifele Nkuna/Supplied 

By OBAKENG MAJE

The police in Mogwase request the community’s assistance in locating Judy Gadifele Nkuna (68), who is mentally challenged and residing in Lerome, Thabeng Section in Krugersdorp. The North West police spokesperson, Captain Aafje Botma said, Nkuna was last seen by her sister in Mogwase Township on 20 July 2023

“A search was conducted around the township and surrounding areas of Mogwase without any success. At the time of her disappearance, she was wearing a brown jacket, maroon dress and brown shoes. She is dark in complexion, with a medium built and grey hair.

“Anyone with information regarding her whereabouts can contact the investigating officer, Capt Lefty Motswadi of Mogwase Detectives on 083 416 2223, your local police station or Crime Stop on ‪08600 10111. Anonymous tip-offs can also be communicated via the My SAPS App from your smart phone or call Crime Stop on ‪‪08600 10111,” she said.

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By OBAKENG MAJE

A 28-YEAR-OLD man from Pampierstad, Cornelius Jacobus Jacques Lombard and an entity, Quick Cash Loans briefly appeared before the Pampierstad Magistrate’s Court on 21 September 2023 for Contravention of National Credit Act 34 of 2005. This comes after Lombard was arrested by the Hawks’ Serious Commercial Crime Investigation team.

The Hawks spokesperson in Northern Cape, Warrant Officer Nomthandazo Mnisi said the preliminary investigation indicated that, Lombard was running his business, whilst retaining clients’ bank cards, birth certificates, pin codes, proof of residence documentation, SASSA cards and Identity Documents (IDs) in order to enforce credit agreement.

“He was also charging his clients exorbitant interest rates. A search and seizure disruptive operation was executed at No. 2 Quick Cash Loans in Pampierstad. During the search, documentation, automatic teller machines and a total amount of R10 200 were seized.    

“Lombard was released on R10 000 bail and the matter was postponed to 6 November 2023 for further investigation,” she said.

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Picture: Intercape bus caught fire/Facebook

By OBAKENG MAJE

A bus ferrying passengers allegedly caught fire between Klerksdorp and Wolmaranstad on 21 September 2023. The North West police spokesperson, Capt Aafje Botma said that even though there is no case opened, the Intercape Bus Company is investigating the cause of the fire.

“No case was registered and the Intercape Bus Company investigation team is investigating the cause of the fire. No loss of lives or any injuries were reported,” said Botma.

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Picture: The InterBase Bus Company/Facebook 

By OBAKENG MAJE

A bus ferrying passengers allegedly caught fire between Klerksdorp and Wolmaranstad on 21 September 2023. The North West police spokesperson, Capt Aafje Botma said that even though there is no case opened, the InterBase Bus Company is investigating the cause of the fire.

“No case was registered and the InterBase Bus Company investigation team is investigating the cause of the fire. No loss of lives or any injuries were reported,” said Botma.

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Picture: The illicit cigarettes confiscated by police/Generic 

By OBAKENG MAJE

Three men who were arrested for allegedly dealing in illicit cigarettes were granted R10 000 bail by the Potchefstroom Magistrate’s Court on 20 September 2023. Badu Mohammed (42), Kibru Akuri (37), and Shadikur Rayman (21) were arrested during a joint operation by the Hawks’ Serious Commercial Crime Investigation and the South African Revenue Services (SARS) Customs on 19 September 2023.

The Hawks spokesperson in North West, Capt Tlangelani Rikhotso said the trio was arrested in their respective shops around Potchefstroom and a variety of illicit cigarettes worth over R1 million were seized for further investigation.

“All three accused were charged with contravention of the Customs and Excise Act 91 of 1964. They were each released on R10 000 bail and their cases were postponed to 3 November 2023 for further investigation,” she said.

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