The Gauteng High Court has set down an urgent hearing this morning to adjudicate over an alleged brazen power grab that has erupted in the North West.
This relates to a deposed community leader who is accused of ransacking his former organisation’s coffers while intimidating residents who dare to challenge his authority.
The Baphiring Communal Property Association is accusing its former chairman, Dire Segatlhe, and treasurer, Philia Mtotoba, of a brazen power grab and systematic financial draining.
The court documents reveal the community’s desperate plea for an urgent interim interdict to stifle the flow of alleged unauthorised withdrawals from their bank accounts.
The association, guardians of the valuable agricultural expanse known as Farm Rosmicol, alleges that its former leaders continue to syphon off funds despite their removal from authority.
Dire claims to be a former employee in the president’s office in papers before the court.
“The applicant seeks to prevent the unauthorised withdrawal from its bank accounts pending the outcome of Part B and/or to prohibit the unlawful disturbance of its tenants’ use and enjoyment of its premises,” the legal papers state, painting a picture of financial anarchy.
Unauthorised payments
Segatlhe and Mtotoba, through their answering affidavit, brand the application as anything but urgent, a calculated manoeuvre devoid of legal merit.
They argue for its dismissal, directly imposing “punitive costs” on the deputy chairperson and secretary.
Segatlhe and Mtotoba, former signatories, allegedly continued their financial machinations despite Segatlhe’s removal.
Unauthorised payments surfaced on May 9, triggering cease-and-desist letters that met with an unnerving silence, hinting at an unyielding defiance.
But Segatlhe claims his removal was an “ultra vires” act, devoid of constitutional authority.
“The executive committee must seek the ratification of the general meeting of all decisions to institute or defend litigation,” he says in court papers.
The fallout started last September when Segatlhe’s fellow executive committee members called on him to account.
The ousted chairman allegedly ignored meetings, dodged accountability, and treated the community’s constitution with contempt.
When the executive committee scheduled a disciplinary hearing for October 12, 2024, Segatlhe is alleged to have neither shown up nor offered an explanation nor an apology.
“Despite numerous attempts to hold him accountable, he disregarded the executive committee,” the court papers reveal.
The association’s treasurer, Mtotoba, allegedly stood by and watched it all happen.
Personal piggy bank
The court papers state she was present at every executive meeting where Segatlhe’s suspension and removal were discussed, yet she’s now accused of helping him loot the very accounts she was meant to protect.
Allegedly, Segatlhe has turned the community’s bank accounts with Standard Bank — which contain funds meant for community development — into his personal piggy bank.
The association is now begging the court to force Standard Bank to freeze these accounts before there is nothing left to steal.
Now the community wants justice. They are demanding that the court confirm Segatlhe’s removal and force him to pay their legal costs on the most punitive scale available.
“Due to his conduct and criminal acts necessitating this action, the applicant is entitled to a punitive order as to costs,” their legal team argues.
The association’s legal papers also describe troubling interference with tenants’ peaceful enjoyment of Farm Rosmicol, portraying Segatlhe as a disruptor.
Yet, the answering affidavit refrains from directly addressing these specific allegations, instead focusing on the procedural flaws of the application.
