Mayor takes government to court over administration

The Madibeng municipality’s mayor, Jostina Mothibe, does not want to relinquish control and is now taking the government to court for placing the municipality under administration once again.

The North West MEC for Cooperative Governance and Traditional Affairs announced at the beginning of August that Madibeng is once again placed under administration after the previous administration period ended on 30 June.

Mothibe has now brought an application in the High Court for the North West government to “immediately withdraw the invocation of the section 139(1)(b) intervention” and demands a written undertaking that another administrator will not be appointed for the municipality.

Mothibe and four councillors, Naume Bettie Muhlunga, Tsheko Simon Bogale, Kgori Morris Shalang and Malesela George Sadikge, are the applicants in the motion brought against the Executive Committee of North West, the MEC for Local Government, the Minister of Cooperative Governance and Traditional Affairs, the national Council of Provinces, the appointed administrator of Madibeng, the administrator of the North West provincial government and the provincial Legislature.

Mothibe argues that the local government failed to issue a directive to council describing the “systematic failures by council to carry out its executive and other legislative mandates” it cited as one of the reasons for invoking administration. She claims EXCO and the former administrator are responsible for any alleged failures as the two parties have been in control of the administration of the municipality for the past 12 months.

Mothibe and the four councillors further demand that EXCO furnish them with the records that led to the decision, as well as the minutes of the meeting. They claim that EXCO’s decision to place the municipality under administration is irrational and unlawful, taken with ulterior motives and procedurally unfair. It also demanded that those of the respondents who oppose the application be ordered to pay the cost of the court case. During a special council meeting on Monday where the MEC for COGTA announced that the former administrator, Advocate Monnapula Motlogelwa, was reappointed, Motlogelwa said that the 12 months he had already spent at the municipality were not enough to solve the problems at the municipality.

He expressed his concern that upon his return to the municipality this month, senior directors in the municipality who were suspended during the administration period, had returned to work.

The Democratic Alliance (DA) has tabled a Motion of No Confidence in the Mayor that will be heard during the next general council meeting.