“Review Before High Court Does Not Suspend Decision – Home Affairs on Maoke’s Deportation

Staff Reporter

Bloemfontein – The controversy surrounding the acquisition of a South African Identity Document by former Setsoto Local Municipality Executive Mayor, Nthateng Maoke, has resurfaced following a finding that she is an “illegal immigrant.”

Maoke, who served as Mayor from 2016, resigned in 2019 after a Home Affairs investigation called for her deportation.

“She acquired her ID before her mother who is now late” – Home Affairs on Maoke’s ID drama

She later returned as an ordinary councillor and continued to enjoy the benefits of the position. However, Home Affairs threatened legal action against the Council should her employment not be terminated.

Maoke completed her matric at Boitumelo Secondary School in Meqheleng.

A letter dated 24 June 2020, in possession of this publication and authored by N. Qaba, Acting Chief Director: Inspectorate Immigration Services, addressed to Sexton Mokuane, Speaker of Setsoto Local Municipality, set the tone.

“As recently announced, Ms Maoke is an illegal foreigner and the review before the High Court does not suspend the decision taken by this Department.”

Qaba further stated that employing an illegal immigrant contravenes the law.

“It has also been brought to your attention that employing an illegal immigrant is in contravention of Immigration Act 13 of 2002.”

Qaba then issued a directive:

“You are hereby instructed, in terms of Section 38 of Immigration Act 13 of 2002, to initiate a process of terminating her employment with immediate effect, failing which the Department will have no choice but to take legal action against the Council for employing an illegal foreigner.”

Explaining why a High Court review does not automatically suspend the deportation decision, Qaba referenced two landmark cases:

“I refer you to the case of Oudekraal Estate (Pty) Ltd v City of Cape Town 2004 (6) SA 222 (SCA) at paragraph 26, which was approved by the Constitutional Court in MEC for Health, Eastern Cape v Kirkland Investments (Pty) Ltd 2014 (3) SA 481 (CC) – see paragraph 102 of the judgment.”

Following this correspondence, Setsoto Local Municipality terminated Maoke’s employment.

Her ID was then blocked only to be unblocked after review application.

However, she resurfaced at the Department of Cooperative Governance and Traditional Affairs (COGTA) on 15 May 2025.

According to insiders at Home Affairs, Nthateng got her ID before her later mother.

We are currently investigating how Setsoto Local Municipality paid her salary when her ID was blocked.

Dates of issue will paint a clear picture and connect the dots.

Teboho Mokoena, MEC for COGTA and Human Settlements, has not responded to questions sent to him on 23 January 2026 — exactly 45 days ago.

Questions Sent to the MEC
According to Home Affairs, Nthateng Maoke obtained her documents unlawfully, yet you stated she is a South African citizen.

1. What due diligence did you perform before making that assertion?
2. Can you provide evidence of such due diligence?
3. Who conducted it, and when?
4. Should it be established that her documents are fraudulent, what action will you take?
5. You stated that she met the requirements — what specific requirements are these?
6. Are you aware that she allegedly travelled between South Africa and Lesotho, attending school in South Africa via the Maputsoe Border, which would suggest use of a Lesotho passport?

Is she currently using ID number 870423……..?

Appointments / Transfers

1. Can you confirm whether Nozipho Molikoe has been transferred?
2. Who is currently acting as CFO at Human Settlements?
3. When was Edward Kotjomela appointed at Human Settlements, and to which position?
4. How was Makepe transferred into a position that was already occupied? Support Independent Journalism

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