The speaker was removed after a motion of no confidence over senior appointments.
Picture: iStock
North West-based Maquassi Hills local municipality council speaker Sarah Nkatlo’s court challenge to be reinstated as speaker has failed after the Magistrate’s Court in Mahikeng ruled in favour of the council’s decision to remove her by a motion of no confidence.
The council removed her on 17 April, after she ignored a majority decision to appoint properly qualified senior officials and instead appointed those of her choice – a move backed by some ANC councillors.
The EFF’s Tshireletso Malebatsane was installed as the new speaker on 24 April.
Nkatlo decided to take the council to court, and the court struck the matter off the roll. In her second try, the court on Friday dismissed her application.
On 20 March, four ANC councillors walked out of a council meeting where the chief financial officer (CFO) appointment was on the agenda in protest at Nkatlo’s moves.
Together with councillors from the South African Political Association (Sapa), the EFF, DA, Freedom Front Plus, and Forum For Service Delivery, they said by ignoring the majority, Nkatlo violated the council’s established rules and that, as a presiding officer, her duty was just to facilitate the council proceedings.
This group identified the second candidate as the more suitable choice, as he possessed extensive experience and relevant qualifications. Additionally, the candidate is currently a CFO in another municipality and is therefore well-suited for the post.
Eight ANC councillors supported the first candidate, but the majority, comprising 15 opposition members and four ANC councillors, preferred the second and better-qualified candidate.
Instead of putting the matter to a council vote, Nkatlo allegedly overruled the majority and appointed the first candidate preferred by the ANC as CFO.
Nkatlo said she was exercising her “discretion” and allegedly directed the council to move on to the next agenda item.
Nkatlo also allegedly facilitated the appointment of a manager in her office, ignoring the opposition and the four ANC councillors’ preferred candidate, who, again, was properly qualified and experienced for the job.
Sapa leader Sello Moraka said the party views the ruling as “a victory for constitutional rights” and “a triumph over an authoritarian approach” by the speaker.
“The court’s dismissal validates her removal, ending the matter.
“This should send a strong message that the speaker accounts to council and cannot hold the council to ransom. It also confirms that senior managers are appointed by council, not at the discretion of a speaker,” Moraka said.
The council was seeking legal advice to pursue an urgent court interdict to stop the CFO’s unlawful appointment.
