Coghsta to appeal Mogalakwena High Court order

The Department of Cooperative Governance, Human Settlements and Traditional Affairs (Coghsta) has lodged an appeal against a ruling by the Northern Gauteng High Court that reversed earlier decisions by Coghsta MEC Makoma Makhurupetje and the purported municipal council of Mogalakwena, among others to remove former municipal manager Willy Kekana and 23 councillors.

The court found Makhurupetje guilty of violating an earlier court order that restrained and interdicted her and the 23 replacement councillors from “interfering in any way whatsoever with the ability or right of the Municipal Council of Mokgalakwena, its municipal manager or any officials to exercise powers or perform functions vested in them under the Constitution or any applicable legislation.” The court also imposed a 60 day prison sentence on the MEC suspended for five years on condition that she does not interfere in the business of the municipality. The order also applies to her successors in title. According to the ruling, all decisions taken and resolutions adopted by Mokgalakwena Municipal Council on 6 November and 4 December 2014 as well as the suspension of the municipal manager and 23 councillors were declared unlawful and set aside.
Motupa Selomo, Spokesperson for Coghsta in a media release said the department has since studied the content of the judgment and decided to lodge an appeal. “The decision to appeal is based on the department’s conviction that the Appellate Division could arrive at a different outcome. An appeal has since been filed and judgment on the matter is automatically suspended. The department cannot comment any further on the matter since it is sub judice,” Selomo informed.
Nocks Seabi, ANC Provincial Secretary in a media release stated that the ANC in Limpopo has noted the decision of the North Gauteng High Court. “We respect it. We are studying the judgement with our lawyers and will present a report to the Provincial Executive Committee (PEC). In its next meeting, the PEC of the ANC will deliberate on this matter and should there be any further development, such will be communicated accordingly,” Seabi informed.
In a media release, Democratic Alliance (DA) Provincial Leader and spokesperson on Coghsta, Jacques Smalle welcomed the ruling of the High Court. “Amidst last week’s Constitutional Court ruling that President Jacob Zuma had failed to uphold and defend the Constitution in the Nkandla matter, the DA views this judgement on the Mogalakwena debacle as a watershed moment and it cements our faith in the judicial system of this country despite a theme of inconsistency with regard to adherence to the Constitution by the ruling party,” Smalle said.
The DA urged the municipal manager to ensure that the cost orders against the MEC and the 23 replacement councillors are executed and that failure to comply should result in a warrant of execution to attach the properties of the MEC and 23 councillors. The municipal manager should further ensure that all the salaries and benefits paid to the councillors are recovered with immediate effect and that the declaration of the 23 vacancies in the council be interrogated.

Story: BARRY VILJOEN
>>barryv.observer@gmail.com

Featured photo: Makoma Makhurupetje, MEC for Cooperative Governance, Human Settlements and Traditional Affairs.