Picture: Former Municipal Manager of Naledi Local Municipality
By OBAKENG MAJE
9 March 2026- The beleaguered Naledi Local Municipality in Vryburg is facing yet another significant embarrassment and legal defeat. This comes after the Constitutional Court dismissed the municipality’s leave to appeal the decision of the North West High Court regarding irregular appointment of Modisenyane Segapo as the Municipal Manager.
The municipality took the matter to the Supreme Court of Appeal in Bloemfontein on 14 November 2025. Yet, it suffered a major humiliation when the SCA dismissed the case. However, defiant municipality took the matter to the highest court in the land, the Constitutional Court, but the leave to appeal was also dismissed on 6 March 2026 with costs.
The Constitutional Court said it has considered the application for leave to leave and the application for leave to file an affidavit. The ConCourt said although the replying affidavit in part constitutes an impermissible traversal of the answering affidavit, there are some matters in respect of which it would be equitable to permit the third, fourth and fifth applicants to file the affidavit.
“The court has thus decided to permit the filing of the replying affidavit. Regarding leave to appeal, the court has concluded that it would not be in the interests of justice to grant leave to appeal, because the case raises no legal questions or matters of general principle transcending the interests of these particular parties and turns primarily on the facts.
“Leave to appeal must thus be refused with costs, such costs to be paid by the third, fourth and fifth applicants in their personal capacities. Leave to file a replying affidavit is granted. Leave to appeal is refused with costs, such costs to be paid jointly and severally by the third, fourth and fifth applicants in their personal capacities,” it said.
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 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 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.
SANCO regional secretary in Dr Ruth Segomotsi Mompati District, Butinyane Moholo said: “We welcome the ConCourt’s decision and this has revealed the truth of the matter. The decision shows that Segapo does not have relevant qualifications to be the Municipal Manager.
“This also proves that what was said at the North West Provincial Legislature’s Ad Hoc Committee regarding Segapo’s qualifications was a lie. So, the municipality must look for the relevant individual who is fit to be a Municipal Manager with relevant qualifications.”
Meanwhile, it is alleged that the municipality has spent over R20 million on this case.
The Guardian 