By BAKANG MOKOTO
North West High Court in Mahikeng has struck the application of the former Greater Taung Local Municipality mayor, Kgosi Nnyoko Motlhabane off the roll with cost. The court said Motlhabane’s application is not an urgent matter.
Motlhabane has approached the North West High Court on an urgent basis, arguing that his removal as a mayor of the Greater Taung Local Municipality a month ago was unlawful, unconstitutional and invalid.
He was ousted as the mayor through a motion of no confidence tabled by the Economic Freedom Fighters (EFF).
In his court papers, Motlhabane said: “On 31 March 2021, a council meeting was held. In the afore-stated meeting, I was asked about allegations of under-performance of the members of the executive council of the municipality.
“I answered the afore-stated question posed to me by responding that I could not immediately confirm or deny such allegations and that I will investigate the allegations of underperformance and will present a report to the council after the allegations have been investigated and my report on the matter had been compiled.”
He further said it would have been irresponsible and untoward to have answered such question in relation to the integrity of three of the members of the executive council of the municipality without firstly investigating such allegations.
Motlhabane added that unfortunately, certain members of the council were not content with the way in which he responded to the allegations in the council meeting of the 31 March 2021 and subsequently gave notice of the motion is of no confidence against me.
“The afore-stated motions of no confidence suggested that I had misled the council in as far as my answer to the allegations of under-performance of certain members of the executive committee was concerned.
“On 1 April 2021, a motion of no confidence was submitted to the Speaker, Ebusang Tladi by the Economic Freedom Fighters (EFF). On 4 April 2021, another motion of confidence similar to the motion of no confidence was tabled by Forum 4 Service Delivery (F4SD),” said Motlhabane.
A special council meeting was called by the Speaker for the 13 April 2021 which was a virtual special council meeting. According to information, Tladi introduced the motion and councillor Crespo Menyatso raised an objection against the introduction of the motion.
Motlhabane said however, Tladi did not allow objections to the motions. He said Tladi was of the attitude that objections had to be directed to him in writing- which was not done.
“Astonishingly, the Tladi then proceeded to treat the motions of no confidence as unopposed motions and allowed it to be tabled. The meeting adopted the motions and resolved that I be removed as mayor of the municipality.
“Surprisingly, although the council resolved to remove me as mayor, I was not removed as a member of the executive committee. I am still a member of the executive committee,” said Motlhabane.
He added that the executive committee consists of 10 members and the newly-appointed mayor, Oageng Seleke was not a member of the executive committee when he was elected and appointed as mayor.
“It is common cause that mayor is appointed from the executive committee and not from the municipal council according to Section 48 (1) of the Municipal Structures Act 117 of 1998.
“Bearing in mind that the council consists of 48 members and the executive committee members consists of 11 instead of 10 according to the provisions of Section 43 of the Municipality Structures Act,” he said.
Motlhabane said bearing in mind that the special council was held on 13 April 2021, the last day for the submission of the notice of motion to lawfully serve before a council meeting on 13 April 2021 would have been 26 March 2021. He said applying the provisions of the Standing Orders to both of the motions of no confidence, it is clear that both motions of no confidence was submitted late.
“It is the prerogative of the Speaker in terms of Rule 9 of the Standing Orders, to ensure the council meetings are conducted in accordance with the rules. So, by allowing two motions of no confidence against me to find its way into the agenda of the special council meeting of 13 April 2021, the Speaker had acted in clear contravention of the Standing Orders.
“This is not where the unlawful conduct of the Speaker ceases. As already described earlier in this affidavit, an objection was raised at the special council meeting to the tabling of the motions of no confidence and the Speaker had the opportunity to disallow the motions,” said Motlhabane.
He said ignoring the objection, Tladi ignored his constitutional duty to ensure that a council meeting is conducted in accordance with the rules contained in the Standing Orders and allowed the irregular motions to be tabled.
Motlhabane said his alleged conduct was not investigated nor reported on, despite the existence of such procedures in Municipal Legislation.
“I was furthermore not provided with an opportunity to state my defence or to advance any counter arguments in the meeting. The act has been trampled upon publicly and brazenly by the Speaker, which leads me to draw the conclusion that the Speaker is acting with sinister motives.
“It is the well-published fact that local politics have lately been clouded by factionalism and specially factionalism within the ANC. It is no secret that Tladi and Seleke are sympathetic to a divergent faction within the ANC and has been supportive of this faction’s agenda for some time,” he said.
Motlhabane said he has no doubt that this faction will stop at nothing to reach their sinister objectives and I have no doubt that this process of ridding the municipal council of anyone that stands in the way of reaching the faction’s motives has now commenced.
Meanwhile, Tladi refused to comment on the matter and said he will only be available on Monday.
The Guardian 