Ousted Tlokwe mayor Maphetle Maphetle would not vacate his office on Tuesday as ordered by a court because he plans to appeal, an African National Congress (ANC) spokesperson said.

"Maphetle Maphetle is occupying that office because the ANC has decided to appeal against that judgment," said ANC North West spokesperson Kenny Morolong.

"The mayor and speaker, who are both applicants, have decided to appeal, and the ANC supports this," he said.

On Monday, the High Court in Pretoria dismissed an application to nullify the council meeting at which Maphetle was unseated, paving the way for Democratic Alliance (DA) mayor Annette Combrink to be reinstated.

Judge Neil Tuchten said the council meeting and the decisions of the council to remove Maphetle and vote in Combrink as mayor were lawful.

He ordered that Maphetle vacate the offices by 10am on Tuesday and the ANC said it respected the judgment.

However, DA North West spokesperson Tiaan Kotze said the mayor refused to vacate the offices on Tuesday morning, and said the ANC was appealing against the judgment.

"The DA has not received any [legal] papers yet. What they are doing is absolutely illegal," said Kotze.

The party had summoned the sheriff of the court to enforce the court order, and was taking legal advice.

On July 2, Combrink was voted in as mayor for the second time since November, unseating Maphetle.

The application by Maphetle and Tlokwe speaker Barei Segotso sought to have the meeting at which Combrink was voted in nullified.

The ANC's North West provincial disciplinary committee expelled 14 of its councillors during the controversy, and they lost their seats as councillors.