A High Court ruling reverses the removal of two ActionSA councillors after finding the Moretele council acted unlawfully.
The North West High Court in Mahikeng has upheld the interdict against the Moretele local municipality regarding the “unlawful” removal of councillors from their positions within the municipal public accounts committee (MPAC).
MPAC scrutinises municipal spending and also holds the executive and administration accountable for the use of public funds.
The legal tussle began when two ActionSA councillors, Masego Kodisang and Mokgadi Moetji, challenged the decisions taken during a council meeting on 10 December, last year.
High Court orders two councillors reinstated
The meeting resulted in significant changes to the municipal committee structure, including the dissolution of MPAC and the dismissal of the two councillors from their leadership roles.
The two approached the court for an urgent interdict, claiming the decisions were made unlawfully and without following proper procedural guidelines.
The duo argued the notification for the motions to remove them did not comply with the necessary requirements outlined in the rules of order.
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Their removal was not just a political manoeuvre but a violation of their rights, they claimed.
In his judgment, High Court Acting Judge Steve Maodi ruled in favour of the applicants, citing clarity in procedural law and the need for proper governance in local municipalities.
He confirmed the earlier interdict ordering that Kodisang be reinstated as chair of MPAC and Moetji to her position in the infrastructure development services committee.
MPAC deemed illegal and all funds must be paid back
Councillor Shangy Mbekwa, leader of Agenda to Citizenry Governors, said the implications of the ruling was that MPAC is deemed illegal and all funds spent must be paid back.
He said MPAC was dissolved because it could not turn a blind eye to the rampant looting of the municipality.
Moretele municipality spokesperson Mothope Malebye would not comment on the ruling, saying it was in the hands of the legal department.
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