Central SA
Future of Mangaung by-elections hang in balance again─── LUCKY NKUYANE 13:22 Thu, 29 Jun 2023
There has been a twist in events in the High Court case between the ANC and its seven expelled Mangaung councillors in the Free State.
The councillors have been granted a right to appeal a recent judgment delivered by the High Court Judge Pitso Molitsoane.
ALSO READ: High Court confirms order against expelled Mangaung councillors
On Wednesday 28 June 2023, Molitsoane electronically delivered his judgment, granting the seven ANC councillors leave to appeal his judgment which had confirmed the interdict against these councillors from representing the ANC in the troubled Mangaung council.
ANC supporters after the 2019 ANCvsANC trial at the Free State High Court in Bloemfontein. PHOTO: Lucky Nkuyane
In his judgment Molitsoane says against this backdrop, he cannot ignore the compelling arguments by the respondents that despite the expulsion, the respondents continued to serve as councillors of the applicant (ANC Mangaung) for about ten months, specifically from April 2022 to April 2023.
The respondents argue that the applicant must have also viewed the expulsion on this basis as null and void. “On this basis alone, I am of the view that another court may come to a different finding"
Molitsoane then went on to grant the seven expelled councillors leave to appeal the whole judgment. The costs shall be costs in the appeal.
The ANC headquarters at Kaizer Sebothelo House in Bloemfontein. PHOTO: Lucky Nkuyane
Following his judgment on 23 June 2023, the councillors immediately filed for leave to appeal his judgment. The ruling party also filed the responding arguments which delayed the judgment. Molitsoane, however, delivered his judgment on Wednesday and granted leave to appeal his judgment.
The court battle between the ANC and its councillors might have ramifications for the planned and much-anticipated by-elections set to be held in July this year.
ALSO READ: Troubled Mangaung Metro to hold by-elections
The ANC fired eight councillors, including the former Deputy Mayor, Mapaseka Nkoane Mothibi, the former speaker, Stefanie Lockman-Naidoo, and the former Member of the Mayoral Committee (Transport in the Metro), Patric Monyakoane.
ALSO READ – Breaking News: ANC expels eight Mangaung councillors - VIDEO
They were fired after it was alleged that some of them had voted with opposition parties in council to vote in a DA speaker Maryke Davies.
