In yet another wasteful venture, the executive mayor of Matjhabeng and the municipal manager (MM) are using delay tactics by questioning the contempt of court order that was passed on them by the High Court in Bloemfontein.
On 10 November, the mayor, Thanduxolo Khalipha, and the MM, Ronald Ngoqo, each received 30 days in jail, suspended for 30 days on condition they restore the utility services on the property of the applicant, Joseph Ndayi.
They were also directed to return the property municipal officials (allegedly the personal bodyguards of the mayor) had seized from Ndayi. This included a smart television, two bush cutters, a chainsaw, and a lawnmower. They did not do this and the court subsequently issued a contempt of court order carrying the jail sentence as punishment. They received no option of a fine.
On 15 November Khalipha and Ngoqo filed a request for reasons of judgement from the High Court.
Councillor Igor Scheurkogel says this will delay the process even more and the costs to Matjhabeng will be exponential.
“Instead of simply complying with the order to reinstate the utilities of Ndayi, the MM is acting to the detriment of the municipality. These actions constitute a misuse of the powers we as council bestowed upon him. Such powers do not constitute a blanket indemnity to litigate the municipality into unsurmountable cost orders against it, having full knowledge of the municipality’s current financial crisis,” he said.
He asked that council be provided with reasons of this unnecessary appeal.
“When we adopted the resolution to delegate powers to the MM, we had no intention of giving him a blanket indemnity to pursue frivolous litigation and refrain from acting on actions instituted against the municipality resulting in court orders being granted against the municipality.”
Scheurkogel says that every time the MM or executive mayor acts wrongfully, they let the municipality pay the cost for it.
“At some point this will possibly lead to residents and businesses holding councillors accountable for their actions. “I would also like to know how municipal officials (a resident has stated that they were in fact the mayor’s bodyguards) can take private property as security.”
