ANC Mayor of Maluti-A-Phofung, Malekula Melato, has lost her court bid to stop the motion of no confidence against her. The urgent interdict was struck off the roll.
Melato filed papers at the Free State High Court on Wednesday, asking the court to stop the Maluti-A-Phofung Speaker, Mandlenkosi Dlamini, from tabling the motion.
Council business to continue
However, on Thursday, the court struck the matter off the roll, allowing the motion to be tabled.
The minority party, SARKO, brought the motion, which the EFF supported.
Councillors gathered in the chambers in Phuthaditjhaba, Qwaqwa, waiting to hear the outcome.
Sunday World understands that after Melato’s bid failed, Dlamini told councillors that council business could continue, with a vote in the no-confidence motion.
Melato claims she was not told what the motion was based on
On Wednesday, Sunday World reported that Melato’s affidavit stated that she has the right to know what the motion against her was based on, as well as the right to respond to the allegations contained in the motion.
“I stand to suffer harm and prejudice due to the misrepresentation and fraud committed by the second respondent [Maluti-A-Phofung]. On 4 March 2026, I became aware from social media that there was a notice of no confidence against me. On 5 March 2026, I formally received communication from the office of the Speaker, wherein he was advising me that a motion of no confidence has been submitted to his office,” said Melato.
Melato added that she responded to Dlamini on 6 March, demanding clarity and evidence showing that service delivery had declined, which would trigger a Section 106 intervention.
This refers to a provincial government’s power to investigate a municipality when there are reasonable grounds to believe it is failing in its duties, or is plagued by serious malpractice.
Motion is ill-conceived
Melato claimed that that was the basis for the motion of no confidence.
“It is clear that the motion is ill-conceived, but more embarrassing is the fact that it is based on wrong law,” said Melato.
She said that Dlamini had failed to provide information and clarity, and that the Speaker only spoke about general issues of procedure, which she claims was in any event wrong.
‘Motion of no confidence aimed to embarrass her’
She claims that the real reasons behind the motion are that she wanted the municipal manager, Mzwakhe Mofokeng, to account for his actions in governing the municipality.
Melato said in her affidavit that she will suffer irreparable harm because the motion of no confidence aimed to embarrass her in person and also as a mayor. She added that she would not earn the salary she is entitled to as a municipality employee.
