Dear Editor
The Democratic Alliance (DA) in Fetakgomo Municipality has consistently warned the ANC caucus to adhere to the prescripts of the Local Government: Municipal Structures Act, the Municipal Systems Act, and the Standing Rules of Order of Council. These warnings were regrettably ignored.
On 3 June 2025, the Limpopo High Court ruled that the suspension of the municipal manager, Mogaramedi Joel Makgata, had lapsed as far back as January 2025, and accordingly ordered that he may return to work.
In a blatant disregard for the rule of law, the ANC caucus convened an irregular and unlawful council meeting in an attempt to appeal the judgment.
This was subsequently followed by yet another unlawful council sitting, where the ANC majority summarily terminated the employment of the municipal manager, without even the semblance of a disciplinary process.
The municipal manager again approached the Limpopo High Court and, on 8 July 2025, obtained a second urgent order.
The court declared both the meeting and the so-called termination unlawful and invalid based on the principle of legality.
Crucially, during those proceedings, senior counsel for the municipality conceded in open court that both the council meeting and the resolutions adopted were indeed unlawful and invalid.
Despite this admission, the ANC caucus shamelessly persisted and filed a further appeal against this ruling.
They then exploited the legal provision that an application for leave to appeal suspends the operation of the court order, by hastily calling an executive meeting to appoint a replacement municipal manager.
This occurred even though the municipal had now twice been vindicated by the courts.
On 30 July 2025, the municipal manager secured a third court victory, this time under Section 18(3) of the Superior Courts Act.
This extraordinary order allows the previous judgments to remain in force despite the pending appeals. Such orders are only granted in exceptional circumstances, and the court’s decision reflects a strong rebuke of the ANC’s repeated and unlawful conduct.
The Code of Conduct for Councillors clearly prohibits councillors from voting for any unlawful resolution. When senior counsel for the Municipality admitted that these resolutions were unlawful, it became irrefutable that the ANC councillors who supported them were in breach of this Code.
The DA in Fetakgomo- Tubtatse will now formally write to the Speaker of Council and request that all ANC councillors who voted in favour of these unlawful resolutions be referred to the Ethics Committee for investigation and possible sanction.
The law is not optional. The DA will continue to defend constitutional governance and accountability, especially when others seek to subvert it for political expediency.
The residents of Fetakgomo-Tubatse deserves administrative stability within the municipality which will improve service delivery and not a quarrelsome council who opposes every court judgement with taxpayers’ money.
Regards
Marie Helm MPL
DA Political Head: Olifants Constituency