The department’s Head, Mokete Duma, confirms Lindi Molibeli remains in her position despite being instructed by the MEC to vacate office late last year. Khoabane almost three months ago wrote a letter to the executive mayor of the municipality, Max Moshodi, instructing him to release Molibeli from her position. In his letter dated November 19, he stated that due processes were not followed in the appointment of Molibeli and that the decision taken by the municipal council regarding her appointment in 2017, on November the 30th, must be overturned. Duma says they are aware Molibeli is counteracting the decision made by the department and confirms Khoabane will soon chart a way forward as he has a right to apply for a declaratory order.

Khoabane’s decision to revoke the appointment of the embattled Molibeli came months after a case regarding the power struggle within this financially troubled municipality made national headlines and was heard in the Free State High Court.

Molibeli, who was appointed by the council in 2017, had approached the High Court in the province for clarity on her appointment after the former mayor, Oumix Oliphant, allegedly refused to sign her contract or her performance agreement, placing her position into question.

Molibeli’s legal action regarding her appointment was, however, followed by a counter application from Oliphant asking for the appointment to be set aside, stating that the council was non-compliant in the appointment process and that the council did not appoint a panel to preside over the appointment, nor did they submit a written report to Khoabane’s office.

Both cases were in October 2018 dismissed by the High Court on the grounds that the Fezile Dabi District Municipality needed to inform Khoabane of the appointment process and outcome of the preferred applicant as Municipal Manager.

OFM News