DA: Patricia Kopane says DA welcomes Court victory over Metsimaholo Municipal Manager

20th February 2017

DA: Patricia Kopane says DA welcomes Court victory over Metsimaholo Municipal Manager

Today, the Bloemfontein High Court dismissed with costs the court action of Metsimaholo Municipality Manager, Mr S Molala, who wrongly interfered in the DA’s termination of membership of former-councillor, Mr. Benjamin Mothibe’s. We welcome this victory for the DA.

Mr. Mothibe was a DA councillor before his membership was terminated by the DA’s Federal Legal Commission, for working with the ANC. Upon the DA terminating his party membership he immediately lost his seat in Council and a vacancy should have been declared by the Municipal Manager, yet Molala refused to do so.

The law is clear, and Section 27 (c) & (f) of the Municipal Structures Act 117 of 1998 states that;

A councillor vacates office during a term of office if that councillor-
(c) was elected from a party list referred to in Schedule 1 or 2 and ceases to be a member of the relevant party; and
(f) was elected to represent a ward and who –
(i) was nominated by a party as a candidate in the ward election and ceases to be a member of that party;

The DA can now fill this vacant seat, and we will proceed to do so.

The DA welcomes this verdict, which has upheld the law in the face of the arrogance of the Municipal Manager who has a track-record of undermining the rule of law to frustrate this government in Metsimaholo.

The Metsimaholo people deserve the DA difference, through our brand of good governance, and this government in Metsimaholo will continue to deliver to all people.

 

Issued by DA