THE North West Cooperative Governance, Human Settlements and Traditional Affairs Department (CoGHSTA) is set to determine the legality of a council meeting that elected a different ANC mayor at the Ditsobotla Local Municipality.
Molefe Morutse was elected mayor earlier this month with the help of ANC and EFF councillors while Mazwi Moruri is still holding the mayoral chain.
Four EFF councillors were appointed to the executive committee and to be chairpersons of key committees.
The meeting at which Morutse was elected was presided over by ousted municipal manager Olaotse Bojosinyane, who was dismissed by the municipality at the end of January, but the decision was overturned by Labour Court Judge Molatelo Makhura on February 28.
Judge Makhura declared the decision to terminate Bojosinyane’s contract of employment unlawful and void ab initio (from the beginning). According to the judgment, Bojosinyane’s contract of employment has been declared to remain in force and effect, and he remains the municipal manager.
Judge Makhura also ordered Bojosinyane to report for duty on the next working day and for the municipality, Moruri, and acting municipal manager Rasupang Mooketsi to allow him (Bojosinyane) to report for duty and resume his duties as the municipal manager.
In addition, Moruri and Mooketsi were each directed to file affidavits with the office of the Labour Court registrar within five court days to show cause why they should not be ordered to pay the costs of Bojosinyane’s application on an attorney and client scale in their respective personal capacities.
In November, the municipality, in a special council meeting, suspended general manager Mooketsi, lifted his suspension, and appointed him with immediate effect as the acting municipal manager. Mooketsi was accused of having a generally corrupt relationship with Mahikeng-based law firm MPM Molefe and Associates Attorneys.
The municipality accused Mooketsi of defending frivolous claims against it and signed a deed of settlement with the law firm in an amount of nearly R2.4 million, payable within one month, while the municipality was not in a financial position to commit to such payments.
Cosatu affiliate, the SA Municipal Workers’ Union (Samwu), has also called for urgent intervention by North West Cooperative Governance, Human Settlements and Traditional Affairs MEC Gaoage Molapisi following violence and chaos in the Ditsobotla Local Municipality.
Ditsobotla is among the municipalities in the province that have struggled to pay deductions from their employees to pension funds and paid salaries late, according to Samwu.
The municipality now has two mayors, two speakers, and two municipal managers reporting for duty simultaneously.
Last week, violence erupted after Bojosinyane, with his armed private security guards, was denied access and the street was blocked, bottles thrown at the building and shots fired, resulting in two people being injured, one of whom had to be hospitalised due to a serious chest wound, according to the Freedom Front Plus.
Molapisi’s spokesperson, Lerato Gumbi, said the department is concerned about reports of two council meetings at the municipality.
“The department is on a fact-finding mission to arrive at determining the legality of both meetings. Our position is that the Municipal Structures Act guides and directs the process relating to the election of the mayor and speaker in the local municipality. Furthermore, it is the responsibility of the council to appoint the municipal manager,” he said.
Gumbi explained that the municipality is being supported in terms of the Constitution, and a multi-disciplinary team, comprising officials from different government departments and other entities, has been established to unblock the service delivery challenges in the municipality.
“To this end, the MEC for CoGHSTA Gaoage Oageng Molapisi has called on parties in the constituted council to manage their political affairs such that service delivery is not compromised. We will continue to also engage the national department as well as other relevant stakeholders,” he added.
