A court ruling has upended a high-stakes political feud in South Africa’s North West province, revealing that allegations of misconduct against Premier Lazarus Mokgosi were rooted in a legally invalid appointment.
The Supreme Court of Appeal has nullified the appointment of Modisenyane Segapo as Municipal Manager of Naledi Local Municipality, finding the process riddled with irregularities. This judgment directly undermines the corruption allegations that Mayor Clifton Groep levelled against Mokgosi, which had prompted a full-scale provincial investigation.
The political crisis began in September, when Groep stood before Parliament’s Joint Portfolio Committees and accused Mokgosi and other legislature members of manipulating audit reports to target political opponents. The allegations were serious enough that the session’s chair, Zwelile Mkhize, adjourned the meeting and formally recommended an investigation.
By early November, the North West Provincial Legislature had established a special Ad Hoc Committee, complete with an evidence leader and a schedule for public hearings. The stage was set for a messy political showdown, with live-streamed hearings due to begin on November 24.
But then came the judicial bombshell.
Court exposes irregularities
On November 14, the Supreme Court of Appeal delivered a unanimous judgment that effectively pulled the rug from under the mayor’s allegations. The court found that Segapo’s appointment—a key point of contention in the local government’s operations—was constitutionally invalid.
The ruling described a recruitment process marred by procedural failures. Of eight initial applicants, only Segapo and another official, Thabo Appolus, were shortlisted. After Appolus withdrew, Segapo stood alone—but the court found the council pressed ahead despite glaring irregularities.
What makes this legally technical ruling so politically explosive is the context it provides for Mokgosi’s actions. Groep had essentially accused the premier of improperly interfering to block Segapo’s appointment. The court has now determined there was indeed a compelling reason to question the appointment: Segapo wasn’t legally qualified to hold the position.
The judgment emphasised that “any exercise of public power must be within the confines of the law,” and found the Naledi Municipality’s process fell far short of this standard. In essence, the court has validated the very concerns that Mokgosi was accused of raising improperly.
This creates an extraordinary situation for the newly formed Ad Hoc Committee. Its mandate was to investigate whether Mokgosi wrongfully manipulated processes to frustrate Segapo’s appointment. But the country’s second-highest court has now declared there was no valid appointment to frustrate in the first place.
Governance issues brought into focus
The committee, led by Nathan Oliphant and including six other members, now faces the awkward task of investigating allegations that recent legal developments have substantially weakened. Their public hearings, scheduled to be streamed on the legislature’s Facebook page, may now focus on a controversy that has been legally resolved.
Meanwhile, the court’ findings have reignited conversations about governance in the province’s municipalities. The Segapo appointment marks another instance where local government processes have failed to withstand judicial scrutiny, raising broader questions about patronage and compliance with administrative law.
For Mokgosi, the ruling provides powerful vindication ahead of the planned hearings. While the committee must still complete its work, the legal foundation of the mayor’s allegations appears significantly weakened.
