The ANC’s decision to remove two councillors from Sedibeng has sparked a legal battle, with court papers arguing that party authority was used to bypass the law governing elected office.
Former Sedibeng speaker Moipone Modikeng and MMC Lulama Shirley-Ann Gamede have approached the Johannesburg High Court seeking an order declaring that their removal “was not in compliance with the provisions of the Municipal Structures Act”.
At the centre of the dispute is whether a political decision can automatically translate into a lawful vacancy in council.
The ANC’s Sedibeng region wrote in February informing municipal leadership that the councillors had been expelled and that “the vacancy will be replaced” through a party process.
But the applicants argue that the law sets a far narrower test.
Code of conduct
In their court papers, they state: “The applicants have not resigned… have not been disqualified… [and] have not been removed… in terms of the code of conduct.”
They add that they were never lawfully replaced by the local municipalities that deployed them, nor removed through a council resolution as required by legislation.
Despite this, the municipality moved ahead.
On March 11, acting municipal manager Atwell Sijadu wrote to the Independent Electoral Commission (IEC) stating that “a vacancy has arisen… following the removal… through secondment process by her party”.
That formulation now sits at the heart of the legal challenge.
The applicants argue that “secondment” is not recognised under the Municipal Structures Act as a basis for removing a councillor, and that the declaration of a vacancy on that basis is unlawful.
The IEC, in turn, accepted the declaration, stating that it “acknowledges that the Municipal Manager has formally declared the vacancy” and that it was satisfied “that all the requirements… have been duly complied with”.
It then proceeded to replace the councillors with candidates from the ANC’s party list.
But internal correspondence suggests uncertainty within the municipality itself.
In a letter attached to the application, municipal manager Motsumi Mathe asked the acting official to explain “which requirements of that section are complied with, and what have you done to satisfy yourself with such”.
He also queried the reliance on party processes, writing: “You further indicated that the two councillors are removed through secondment process… Kindly share the process followed.”
The applicants argue that the problem runs deeper—starting with the authority used to initiate the process.
Appointment unlawful
They say Sijadu’s appointment as acting municipal manager was itself unlawful, stating that the executive mayor “acted outside the bounds” of the law, making the appointment “void ab initio”.
Because of that, they argue, every decision flowing from it—including the declaration of vacancies—is invalid.
“The declaration of the vacancy… and the subsequent replacement… is unlawful and void ab initio,” the application states.
The councillors have approached the court on an urgent basis, warning that without intervention they will lose the remainder of their term.
“The applicants will therefore suffer irreparable harm,” the papers state, noting that their term is due to end later this year.
The IEC has maintained that its role in filling vacancies is “strictly administrative and flows directly from statute”.
But the applicants argue that this case shows how a political decision can be “translated into administrative action” without meeting the legal threshold required to remove elected officials.
The matter is set down for hearing on April 21.
- Two Sedibeng ANC councillors, Moipone Modikeng and Lulama Shirley-Ann Gamede, are challenging their removal in court, arguing it violated the Municipal Structures Act.
- The ANC declared the councillors expelled and vacancies open through party processes, but the applicants contend they were never lawfully removed or replaced according to legal requirements.
- The municipality declared vacancies based on party "secondment," a process not recognized by law, prompting a legal challenge over the legitimacy of the removals and replacements.
- The councillors also dispute the legality of the acting municipal manager’s appointment, claiming it was unlawful and thus invalidates all associated decisions, including vacancy declarations.
- The Independent Electoral Commission acknowledged the vacancies and proceeded to replace the councillors, but the applicants warn of irreparable harm if urgent court intervention is not granted; the case is set for April 21 hearing.
Former
At the centre of the dispute is whether a political decision can automatically translate into a lawful vacancy in council.
But the applicants argue that the law sets a far narrower test.
In their court papers, they state: “
Despite this, the municipality moved ahead.
On March 11, acting municipal manager Atwell Sijadu wrote to the
It then proceeded to replace the councillors with candidates from the ANC’s party list.
But internal correspondence suggests uncertainty within the municipality itself.
In a letter attached to the application, municipal manager Motsumi
He also queried the reliance on party processes, writing: “You further indicated that the two councillors are removed through secondment process…
Because of that, they argue, every decision flowing from it—including the declaration of vacancies—is invalid.
“
“
But the applicants argue that this case shows how a political decision can be “translated into administrative action” without meeting the legal threshold required to remove elected officials.
