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Free State High Court confirms order interdicting Mangaung Mayor

───   LUCKY NKUYANE 13:51 Fri, 02 Jun 2023

Free State High Court confirms order interdicting Mangaung Mayor | News Article

The Free State High Court Judge has now granted an order which confirmed an interdict against the Bloemfontein-based Mangaung opposition councillor from acting as the Executive Mayor of the troubled Metro.

On Thursday 1 June 2023, Acting Judge Sharon Chisiwe confirmed her interim order which she delivered on 20 April 2023. The 20 April order temporarily barred the Afrikan Alliance of Social Democrats President, Papi Mokoena, from executing his duties as the mayor of the metro.

This after the ANC dragged the council and Mokoena to court after a council sitting on 14 April duly elected him as the executive mayor.

ALSO READ: Breaking News: Opposition leader elected as Mangaung Mayor 

Later this month, the court will again sit and deliberate whether the sitting which elected Mokoena as the executive mayor was valid or invalid.

OFM News previously reported that he was elected as such unopposed.

His election was followed by that of the DA council member David Masoeu as the council chief whip. He was also elected unopposed. Weeks before that DA councillor Maryke Davis was elected the council speaker, defeating ANC candidate Lawrence Mathae.

ALSO READ: DA councillor elected as speaker of Mangaung

This even led to the ANC expelling eight councillors, including former Deputy Mayor Mapaseka Nkoane Mothibi, former Mayoral Member of the Committee, Patrick Monyakoane, and former speaker Stefani Lockman Naidoo.

ALSO READ – Breaking News: ANC expels eight Mangaung Councillors - VIDEO

The Metro now has an acting mayor Gregory Nthatisi.

ALSO READ: ANC's Nthatisi elected as acting mayor of Mangaung

Meanwhile, the Afrikan Alliance of Social Democrats (AASD) has reacted with shock and disappointment to Judge Chesiwe's verdict. The AASD's Zwelakhe Msabe said Judge Chesiwe of Bloemfontein High Court division of South Africa has confirmed her Rule Nisi of 20 April 2023i, which she issued mero mutu (on her own accord) without its application being argued before her on the day.

(A Rule Nisi is basically an interim order granted by a court when the person against whom the order is made, must on a return court date, come to court to give evidence as to why a final order in that specific matter should not be made.)

“In her now usual self of issuing controversial orders, she once again didn't disappoint when she concluded – in her only commentary finding before confirming her Rule Nisi of 20 April 2023 – that the ANC factional differences outweigh the public interest, despite the ANC being locked in litigation, challenging the Executive Mayor's authority, public institutions and persons in Mangaung Metropolitan Municipality, the Council Speaker and the Executive Mayor, among others.”

He says despite Chesiwe's questionable conduct they continue to have confidence in the country's Judiciary and are not ruling out the possibility of approaching either the court's review, recession, appeal and Judicial Service Commission, given her judgments of recent.

"Attorneys are instructed to request reason(s) for her confirmation of rule nisi, to best assist with the contemplated intervention we seek to advance," says Msabe.

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