Thabazimbi Local Municipality is back in the hands of the DA and its coalition partners. Photo: TLM/Facebook
The Limpopo High Court has ordered the reinstatement of the Democratic Alliance (DA) coalition at the beleaguered Thabazimbi Local Municipality.
DA’s Tokkie Swanepoel and Ben Tlhabadira of the Forum For Service Delivery (F4SD) are returning as mayor and speaker respectively.
Prolonged rifts between the ANC and the coalition partners have caused instability in the Limpopo municipality.
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Swanepoel and Tlhabadira were removed in October last year by 13 councillors in a meeting that did not quorate.
Thabazimbi Local Municipality is in the Waterberg region.
Judge Matsaro Semenya on Friday said the October meeting was invalid and in contravention of the Municipal Structures Act.
The court heard Tlhabadira postponed the meeting after a rowdy group of people arrived at the council chambers.
Police were called in on the day as the meeting got out of hand.
Swanepoel, Tlhabadira and Freedom Front Plus (FF Plus) councillors left the chambers after the postponement.
However, other councillors insisted the meeting continue.
No-confidence motions against the mayor and speaker were subsequently added to the agenda of the day.
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Semenya set aside the outcome of the meeting that installed ANC’s Judith Mogapi as mayor and Tshegofatso Ramoabi as the speaker.
“I agree with submissions made by applicants that the meeting of 21 October was an adjourned special meeting.
“No other business other than that which was on the agenda was supposed to have been transacted, even if the meeting was not adjourned,” she said.
Semenya further overturned the appointment of three officials during a council meeting in December.
At that meeting, municipal manager Lindiwe Makhaya, CFO Thaveshan Chetty and corporate services director Johannes van der Merwe were axed.
The trio were replaced by Letseka Tloubatla, Kedisaletse Matlou and Teboho Maheso respectively.
“It would not be appropriate to remove the officials without re-instating the ones removed through impugned decisions.
“The resolutions passed at the 1 December special council meeting are reviewed and set aside. Thabazimbi Local Municipality is ordered to pay legal costs incurred by the applicants,” said Semenya.
The ANC in the Waterberg region said it was mapping a way forward.
“We received the judgment late on Friday, our regional executive committee (REC) is meeting at 3 pm.
“We will be able to comment on our decision after the meeting,” said spokesperson Seraka Mapeka.
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Meanwhile, DA MP Desiree van der Walt said Semenya’s ruling has ensured that the rule of law is upheld.
“This legal challenge was launched after the multi-party coalition was unlawfully removed from office by the ANC just over a year ago.
“The ANC quickly moved to unlawfully dismiss the acting municipal manager, acting CFO, and director for corporate services, replacing them with other individuals of their choice.
“The acts of cadre deployment were clearly orchestrated to help the ANC pursue their campaign of capturing Thabazimbi,” said Van Der Merwe.
The ANC has 11 seats, the DA has four, Thabazimbi Residents Association has three seats while the Economic Freedom Fighters (EFF) and the FF Plus each have two seats.
F4SD has one seat.
The coalition partners started running Thabazimbi after the 2021 local polls.
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