Judge Opperman finds Mafumu Consulting guilty of contempt  of court

The Masilonyana Local Municipality in Brandfort, Free State is in the spotlight again this time over alleged irregular installation of pre-paid electricity meters following an application by Brandfort Forum, Ina Beukes N.O, Frans Bester Posthumus N.O and Johan Albertus Fourie N.O. 

A judgment handed down, by judge Opperman on the August 2022, found Mafumu Consulting and Mike Manyike guilty of contempt of court after they continued to instal pre-paid electricity meters despite an interdict by judge Daffue on 31 Marc 2022. 

Background
The applicants asked the court to interdict the respondents pending the final review of the alleged irregular tender. 

Judge Opperman said.

“On the 12 May 2022 I ordered, in their absence and by default, that the first (Masilonyana Local Municipality) and third (Lungile Mokoteli) respondents are in contempt of court and convicted them accordingly and a suspended sentence followed.

This order was subsequently rescinded by agreement between the parties and set aside on 30 June 2022 by Van Rhyn, J.

The case of Mafumu Consulting (Pty) Ltd and Mr. Mike Manyike was postponed to 9 June 2022 to hear argument from counsel on their behalf.

On his own admission Mr. Manyike states that he has gone on and installed over 80 pre-paid electricity meters after the court orders and explicit warnings by the court because the residents of the town of Brandfort requested him to do so.

 The citizens of Brandfort cannot overrule a court order. Mr. Manyike, as continually assisted by his legal representatives, realised that he may not install any pre-paid meters. He displays a contempt for the court that is shocking.”

Handing judgement judge Opperman made the following order: 

“The second respondent is in contempt of the court order granted on 5 November 2021 under civil case cover number: 4949/2021;

The second respondent is found guilty of contempt of the court order granted on 5 November 2021 under civil case cover number: 4949/2021;

The second respondent is sentenced to payment of a fine of R50,000.00 (fifty thousand rand); the sentence is wholly suspended for 36 (thirty-six) months on condition that the second respondent complies with the court order granted on 5 November 2021 under civil case cover number: 4949/2021 and is not again convicted of contempt of court committed during the period of suspension;

The second respondent is ordered to comply with the court order granted on 5 November 2021 under civil case cover number: 4949/2021 to, with immediate effect, desist from installing any pre-paid electricity meters in the town and municipality of Brandfort, Free State Province pending an application for review.

The fourth respondent: Mr. Mike Manyike

The fourth respondent is in contempt of the court order granted on 5 November 2021 under civil case cover number: 4949/2021;

The fourth respondent is found guilty of contempt of the court order granted on 5 November 2021 under civil case cover number: 4949/2021;

The fourth respondent is sentenced to 6 (six) months imprisonment or payment of a fine of R50,000.00 (fifty thousand rand); the sentence is wholly suspended for 36 (thirty-six) months on condition that the fourth respondent complies with the court order granted on 5 November 2021 under civil case cover number: 4949/2021 and is not again convicted of contempt of court committed during the period of suspension;

The fourth respondent is ordered to comply with the court order granted on 5 November 2021 under civil case cover number: 4949/2021 and to, with immediate effect, desist from installing any pre-paid electricity meters in the town and municipality of Brandfort, Free State Province pending an application for review.

The second and fourth respondents are ordered to pay the costs of the application on an attorney and client scale, jointly and severally, the one paying the other to be absolved.”

In other news, Nkululeko Hlengwa, SCOPA chairperson expressed disappointment in how the water infrastructure in the municipality has deteriorated.

Masilonyana Municipality and Mafumu Consulting could not be reached for their comment.

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