POLOKWANE – Makgoba explained that the Pro-Makhado Group have not been able to show that the decision of the board is arbitrary or in any other way lacking in rationality. “The Pro-Makhado have also failed to show that there was some important legitimate consideration which ought to have been taken into account, but was ignored,” he said.
As result, the applicants have failed to make a proper case and their application for review cannot succeed and each party will have to pay their own legal costs.
“Counsel from the applicants argued that in the event of the application being unsuccessful, the applicants should not be ordered to pay the legal costs in view of the fact that this matter involves an issue of constitutional litigation. This was conceded by counsel for the first respondent,” said Makgoba.
Chief Mbangiseni Masia of the Massia Traditional Authority said he was disappointed with the judge’s ruling.
“Despite the outcomes, we remain united as a community. What brought us together to fight this battle has always been the desire to see fairness and nothing else,” he said.
“This unity on issues that are common shall be sustained as long as we lead our people. Traditional leaders will collectively report to their constituency on Sunday in Vuwani and get their opinion on this matter.”
The role the traditional leaders is limited to an appeal if communities give a mandate for this route. Communities will advise on the way forward,” said Masia.
The Chairperson of the Municipal Demarcation Board (MDB), Jane Thupane said they previously wanted to settle everything outside of the court, but community opted for a legal route. “The MDB will execute its mandate without fear or favour or prejudice.”
We will continue doing our job and following the law. When we complete the municipal boundaries, we will hand over to the Independent Electoral Commission (IEC) to make final preparation for the local government elections. As far as the name of the new municipality is concerned, the MEC for Cooperative Governance Human Settlement and Traditional Affairs, Makoma Makhurupetje will consult and gazette the matter for public opinion before announcing the name of the new municipality.
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Vuwani MDB case continues in Limpopo High Court
