Disgruntled community members who believed it was their duty to get a municipal manager they thought had been unfairly dismissed her job back, have been left with a hefty legal bill after their case failed a basic test of the law.
The High Court in Mahikeng found that Dr Auchalie Mothupi had never been dismissed as acting municipal manager of the Ngaka Modiri Molema District Municipality. Instead, her appointment had simply expired by operation of law.
Gatvol Lobby Group NPC had approached the court urgently seeking to effectively return Mothupi to the municipality’s top administrative seat.
The civic organisation wanted the court to suspend what it believed was a July 3 council resolution removing Mothupi and prevent the municipality from recognising anyone else as acting municipal manager pending a review.
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But the court found the case was built around a decision that did not exist.
“There is, and never was, a resolution removing Dr Mothupi,” the court said.
Mothupi was seconded in December 2025 after the municipality’s previous municipal manager was placed on precautionary suspension pending disciplinary proceedings.
Her initial three-month appointment was extended for another three months, taking her tenure to June 19. The court found this exhausted the six-month ceiling imposed by section 54A of the Municipal Systems Act.
Her appointment therefore expired automatically without the council needing to fire, remove, or hold a hearing for her.
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The municipality later appointed France Temeki Mabokela as acting municipal manager from July 6.
Gatvol also complained that councillors received about 40 hours’ notice for the July 3 special council meeting instead of the prescribed 48 hours. The court found the municipality had substantially complied with the requirement, and the meeting was properly quorate.
Gatvol suffered another blow because it had not joined Mabokela in proceedings despite seeking relief directly affecting his position.
The court dismissed Part A of the application and ordered Gatvol to pay the legal costs of the municipality, MEC and council speaker on Scale C, including two counsel.
- The High Court in Mahikeng ruled that Dr Auchalie Mothupi was never dismissed as acting municipal manager of the Ngaka Modiri Molema District Municipality but her appointment expired by operation of law.
- Dr Mothupi's six-month tenure expired automatically on June 19, without the need for council dismissal or a hearing, as per section 54A of the Municipal Systems Act.
- The Gatvol Lobby Group sought to suspend a July 3 council resolution they believed removed Mothupi and to prevent the recognition of any other acting municipal manager pending a review, but the court found no such resolution existed.
- The municipality appointed France Temeki Mabokela as acting municipal manager from July 6, and the court found the July 3 special council meeting, despite a 40-hour notice, was properly quorate with substantial compliance to the 48-hour notice rule.
- The court dismissed Gatvol’s application, citing procedural issues including the non-joinder of Mabokela, and ordered Gatvol to pay the legal costs of the municipality, MEC, and council speaker on Scale C with two counsel.
Disgruntled community members who believed it was their duty to get a municipal manager they thought had been unfairly dismissed her job back, have been left with a hefty legal bill after their case failed a basic test of the law.
Gatvol Lobby Group NPC had approached the court urgently seeking to effectively return
READ:
But the court found the case was built around a decision that did not exist.
“
Her initial three-month appointment was extended for another three months, taking her tenure to June 19.
Her appointment therefore expired automatically without the council needing to fire, remove, or hold a hearing for her.
READ:
Gatvol also complained that councillors received about 40 hours’ notice for the July 3 special council meeting instead of the prescribed 48 hours.
Gatvol suffered another blow because it had not joined Mabokela in proceedings despite seeking relief directly affecting his position.
