Council coup collapses: Mayor’s removal ruled ‘null and void’

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Free State MEC for Cooperative Governance and Traditional Affairs Saki Mokoena.

By Emily Setona

QWAQWA – The dramatic ousting of the Maluti-a-Phofung executive mayor has been thrown into disarray, after both the council Speaker and the Free State government declared the process unlawful and invalid.

The controversial 26 March council sitting, which purported to remove the mayor, has now been branded procedurally flawed — deepening an already volatile political crisis inside the municipality.

Speaker blasts ‘irregular’ process Council Speaker Mandlenkosi Dlamini has disowned the meeting, warning it violated council rules and cannot stand.

“The events of 26 March were marked by serious procedural irregularities. Although I was present and available to preside, the council proceeded without my oversight,” Dlamini said in a report to the provincial government.

He stressed the law leaves no room for deviation.

“The Speaker must preside over any motion to remove the mayor. Failure to do so renders the process null and void. Our community deserves lawful and transparent governance,” he said.

MEC steps in, declares process invalidFree State MEC for Cooperative Governance and Traditional Affairs Saki Mokoena has backed the Speaker, formally declaring the removal process legally defective.

In a letter to council, Mokoena confirmed breaches of the Local Government: Municipal Structures Amendment Act, specifically Section 58.

“The failure by the Speaker to preside over the process constitutes a fundamental and material irregularity, rendering the process null and void,” Mokoena stated.

He delivered a further blow to the controversial sitting, ruling that the meeting effectively ceased to exist after it was adjourned.

“The proper constitution of the council meeting ended when the Speaker adjourned proceedings. Any actions thereafter have no legal force,” he said.

Council in limbo

The municipality is now set to reconvene on 8 April at the Phuthaditjhaba Multi-Purpose Hall in a bid to resolve the impasse and restore legal order.

The ruling has plunged Maluti-a-Phofung into uncertainty, with the status of the mayor now effectively unresolved.

Councillors are expected to consider the MEC’s intervention and determine the way forward under strict legal compliance.

Power vacuum deepens

The failed removal has exposed deep divisions within council and raised serious questions about governance, legality and political conduct.

With authority contested and credibility on the line, the next council sitting is set to be decisive in determining who truly holds power in one of the Free State’s most troubled municipalities.

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