ANC Chief Whip drags PA to court and wins, while DA drags President, Free State Premier, and PEC to court and also wins

Staff reporter

Bloemfontein – The Chief Whip of the African National Congress (ANC) in Free State has taken his Personal Assistant to court for unlawful recruitment.

Judge Loubser ruled in favor of the Chief Whip.

According to court papers, Kelebogile Nosi worked as Personal Assistant to the erstwhile Chief Whip, Thembeni Nxangisa and the incumbent challenged the lawfulness of that appoint.

Nxangisa was the second respondent.

LAWFARE
The Democratic Alliance in Free State on the other hand has once again demonstrated and defined lawfare in Matjhabeng Local Municipality’s failures.

With ANC using its numerical advantage as in the case and defence of Nkandla, and cadre deployment, the DA is opting for lawfare.

By definition, it’s the strategic use of legal proceedings to intimidate or hinder an opponent.

The party dragged President Cyril “Ankole“ Ramaphosa, Free State Premier, Joyce “Pretenders” Mathae, MEC for Human Settlements and COGTA, Teboho “Sulky” Mokoena, Provincial Executive Committee(PEC), National Treasury, National Council of Provinces (NCOP), and Matjhabeng Council over municipality’s breach of section 152(2) of the Constitution.

The DA argued the municipality had failed to strive, within its financial and administrative capacity to:

ensure the provision of services to its community in a sustainable manner;
promote social and economic development; and
promote a safe and healthy environment
and its conduct is declared invalid to the extent of these inconsistencies.

The DA prayed the court to declare all responds failed to intervene.

Judge Van Rhyn ruled in favor of the DA.

In the result the following order is made:
It is declared that:

The Matjhabeng Municipality has breached s 152(2) of the Constitution, in failing to strive, within its financial and administrative capacity to:
ensure the provision of services to its community in a sustainable manner;
promote social and economic development; and
promote a safe and healthy environment
and its conduct is declared invalid to the extent of these inconsistencies.
It is declared that the Matjhabeng Municipality has breached s 153(a) of the Constitution, in failing to structure and managed its administration and budgeting and planning processes to give priority to the basic needs of the community, and to promote of the social and economic development of the community, and its conduct is declared invalid to the extent of these inconsistencies.
It is declared that the Matjhabeng Municipality, as a result of a crisis in its financial affairs, is in serious or persistent material breach of its obligations to provide basic services and to meet its financial commitments.
It is declared that the Premier of the Free State Province, the Member of the Executive Council for Human Settlements, Cooperative Governance and Traditional Affairs, Free State Provincial Government and the Provincial Executive of the Free State Province have failed to comply with the duties to intervene in the Matjhabeng Municipality in terms of s 139(5) of the Constitution, and their conduct is declared invalid to the extent of these inconsistencies.
It is declared that the Minister of Cooperative Governance and Traditional Affairs, the President of the Republic of South Africa and the National Executive have failed to comply with the duties to intervene in the Matjhabeng Municipality in terms of s 139(7) and (5) of the Constitution, and their conduct is declared invalid to the extent of these inconsistencies.
The Premier of the Free State Province, the Member of the Executive Council for Human Settlements, Cooperative Governance and Traditional Affairs, Free State Provincial Government and the Provincial Executive of the Free State Province are ordered to intervene in the Matjhabeng Municipality in terms of s 139(5) of the Constitution and submit a written notice of such intervention to the Minister, Free State Provincial Legislature and National Council of Provinces of the Republic of South Africa in terms of s 139(6) of the Constitution within seven (7) days of the intervention.
If the Premier of the Free State Province, the Member of the Executive Council for Human Settlements, Cooperative Governance and Traditional Affairs, Free State Provincial Government and the Provincial Executive of the Free State Province do not comply with the duties under prayer 6 above within seven (7) days, the Minister of Cooperative Governance and Traditional Affairs, President of the Republic of South Africa and the National Executive are ordered to intervene in the Matjhabeng Municipality in terms of s 139(5) of the Constitution within seven (7) days.
The Premier of the Free State Province, the Member of the Executive Council for Human Settlements, Cooperative Governance and Traditional Affairs, Free State Provincial Government and the Provincial Executive of the Free State Province, alternatively, the Minister of Cooperative Governance and Traditional Affairs, President of the Republic of South Africa and the National Executive are required to:
prepare a financial recovery plan for the Matjhabeng Municipality, including complying with its duties to make requests to the Municipal Financial Recovery Service of the National Treasury and consult with the Mayor of the Matjhabeng Municipality 17 under s 139 of the Local Government: Municipal Finance Management Act 56 of 2003; and
within six months of this court order, file a copy of the financial recovery plan with this Court.
If the Matjhabeng Municipality cannot or does not approve legislative measures, including a budget or any revenue-raising measures, necessary to give effect to the recovery plan, the Premier of the Free State Province, the Member of the Executive Council for Human Settlements, Cooperative Governance and Traditional Affairs, Free State Provincial Government and the Provincial Executive of the Free State Province, alternatively, the Minister of Cooperative Governance and Traditional Affairs, President of the Republic of South Africa and the National Executive must:
dissolve the council of the Matjhabeng Municipality, appoint an administrator until a newly elected council for the Matjhabeng Municipality has been declared elected, and approve a temporary budget or revenue-raising measures or any other measures giving effect to the recovery plan to provide for the continued functioning of the Matjhabeng Municipality; or
assume responsibility for the implementation of the recovery plan to the extent that the Matjhabeng Municipality cannot or does not otherwise implement the recovery plan.
The first, second, third, fourth, ninth and tenth respondents jointly and severally are ordered to pay the costs of the application on scale C.