Maun High Court Judge Bugalo Maripe will next week Friday deliver ruling in the the case in which former North West District Council (NWDC) Chairman, Kebareeditse Ntsogotho and his Deputy, Lekonne Masoko are challenging the legality of the special full council meeting that led to their removal from office.
Maripe indicated yesterday following the heads of arguments, that he will strive to deliver the ruling on June 16th, to pave way for preparations of council sitting set for the 19 to 23rd June.
Delivering heads of argument this week, the applicants’ attorney Andrew Johannes challenged the legitimacy of the council sitting, indicating that it was unconstitutional as the seven-day notice prior to the meeting was not served in accordance with the constitution.
He indicated that his clients were not aware that the sitting was not legal and only got to learn about that after the sitting had taken place. He further argued that the exercise of his clients’ rights were violated.
When questioned by Maripe whether the court should ignore the 20 councillors who signed for an urgent full council meeting which led to the complainant’s dismissal, Johannes responded in the affirmative, stating that the illegitimacy of the sitting automatically nullifies their votes of no confidence against Ntsogotho and Masoko.
Meanwhile defence attorney Martin Dingake who represents Kelebetseng argued that the sitting was legal and it was upon the council chair and his deputy to ensure that it was legal. He further noted that the notice of the meeting served a period of five days arguing that the remaining two days may have been put aside. Dingake further argued that the complainant’s reason for filing the case was to seek a re-match with hope that things will turn out differently.
“The case was filed simply because they have lost a political contest, that is the only reason we are here and they are seeking to have a re-match with hope that things will turn out differently this time around,” Dingake said.
Dingake further argued that from the applicants’ arguments the duo did not plead for public interest as it is the case in an urgent application, adding that the application rather pleaded for their personal gains.
He argued that in an urgent application the harm which is occasioned to the applicant becomes the main reason to an urgency of the application, he emphasised that the urgency of the case was that the applicants were unable to get the opportunity to chair and lead NWDC.
Meanwhile Folae’s defence attorney Kebonye Modisa shared the same position with Dingake. “We align our position with the second respondent in the discharge of the application,” Kebonyedisa said.
The council had on the 30th May 2023 convened a special meeting, whose agenda was said to discuss the current water situation in Maun as well as to get an update on the upgrades of the Maun General Hospital.
However, things took a dramatic turn when, BCP Councillor, Ntlogelang Kebonyekgotla tabled a motion of no confidence against Ntsogotho and his deputy accusing them for having failed to take responsibility in making sure that the hospital is completed.
The two were toppled through a motion of no confidence and were conveniently replaced by BCP Councillor Itumeleng Kelebetseng as chairman deputised by Nico Folae of BDP, they subsequently file a court case on the same day.
