Case of 16 ANC Maluti-A-Phofung dismissed with costs

Free State High Court

The case brought forward by the 16 aggrieved Maluti-A-Phofung councillors has been dismissed with costs in its whole entirety by the Free State High Court on 14 February 2019 morning in Bloemfontein.

While delivering his judgment, Judge Johannes Petrus Daffue said he was extremely concerned with the actions of the legal counsel representing the applicants after Advocate Kameel Magan and the attorney Dexter Selepe, failed to make the drive from Johannesburg to Bloemfontein due to Magan’s alleged sudden illness.

Daffue added that he saw no prospects of the applicants emerging victorious from the case from the onset; and this was further highlighted by the legal counsel’s failure to submit a written responding affidavit as well as the heads of argument within the agreed time period.

From left to right: Hanno Bekker (the applicants), William Mokhari (respondents 2 and 3, the ANC) and Sehapi Motloung (Maluti-A-Phofung). Photo: Olebogeng Motse

The disgruntled former councillors are challenging their suspension and subsequent expulsion from the party after rebelling against the Free State ANC’s Provincial Executive Committee (PEC) and voting with the opposition to elect Gilbert Mokotso as the mayor of Maluti. The applicants were meant to have submitted their affidavit on February 6 but did not. Mokotso, who is among the expelled councillors, was replacing the controversial Vusi Tshabalala, who was recalled by the then Free State Provincial Task Team (PTT) in early May 2018. – Lucky Nkunyane