The mayor of Matjhabeng and the municipal manager have not been arrested, this despite a high court ruling in 2023 that they be incarcerated if they do not reinstate the services of a Virginia resident.
In November a resident of Virginia, Joseph Ndayi, approached the court for the wrongful suspension of his electricity supply, and that some of his property had been removed by municipal officials in lieu of payment.
Despite numerous attempts to have his services reinstated and to have the wrongfully removed assets returned, nothing has transpired.
Ndayi has also on more than one occasion approached the police to enforce the court ruling, but to no avail.
Now, in sheer desperation, Ndayi has lodged a formal complaint to the speaker of Matjhabeng, Bheki Stofile.
This is for breach of the code of conduct by the mayor, Thanduxolo Khalipha, and contempt of court – including a new charge of theft of public funds that the mayor is using in his personal appeal against his conviction for contempt of court without council approval.
The mayor and the municipal manager, Ronald Ngoqo, were served with the court order to have Ndayi’s services reinstated on 31 October 2023.
“The expiry for the restoration of utility services was due by 17:00 on the 31st.
“The fact remains that the mayor failed to oversee the court order, and is thus in disobedience of the court order.”
Ndayi states in his letter to Stofile that it must be highlighted that Khalipha and the accounting officer’s intention to bring an appeal does not invalidate the main court order or negate them from being in contempt of court.
He says the speaker and council must entertain his complaint and review Khalipha’s report and the use of municipal funds for the personal appeal which, in effect, intends to obstruct the court.
Ndayi demands that Khalipha be suspended pending the investigations and the breach of the code of conduct and contempt of court proceedings.
