Executive mayor Martha Bartlett and Speaker Dipuo Peters must pay the legal costs of Sol Plaatje’s municipal manager Thapelo Matlala in their personal capacity after the Northern Cape High Court in Kimberley declared his suspension null and void on Friday 16 January.
The judgment means Matlala has successfully overturned his recent suspension in a high-stakes legal battle with the municipality’s executive leadership. The ruling against Bartlett, Peters and the municipality also means the formal disciplinary hearing scheduled for four days from Monday 30 March cannot proceed, as the legal points in limine were dismissed.
Matlala was first placed on precautionary suspension on or about 16 September last year over corruption and misconduct allegations. When his suspension lapsed in December, he returned to work in January with armed guards, allegedly intimidating staff.
The council re-suspended him on 8 January, prompting his court challenge.
Despite Friday’s judgment, Matlala was absent from his office on Friday afternoon, where officials maintained he remained “on suspension”.
Political infighting spills into court
In the fight for control of Sol Plaatje Municipality that has spilled from council chambers into the High Court, court filings exposed municipal leadership grappling with accusations of intimidation and political infighting.
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The setback is particularly ironic for Peters, who stated in October that the council wanted to follow “proper legal avenues” when discussing possible corruption and fraud charges against Matlala.
Acting Judge T. Tyuthuza found the municipality could not use the same document from their withdrawn interdict application in Matlala’s application to have his suspension declared unlawful. The municipality conceded the suspension’s approval at the Special Council Meeting was irregular and did not comply with regulations, undermining their defence.
The judge found no formal recommendation was proposed to council, only a report and meeting agenda were presented. It was irregular for ANC councillors to move and second the resolution whilst opposition parties voiced serious objections and no vote occurred.
The appointment of an acting municipal manager was therefore also irregular.
Council meeting erupts in political debate
The Special Council Meeting erupted into fierce political debate. Opposition parties including the DA, EFF, Sol Plaatje Service Delivery Forum (SPSDF), PA, and VF Plus challenged the suspension’s legality and procedural fairness, demanding a formal charge sheet and arguing the lapsed suspension required Matlala’s reinstatement.
The ruling ANC countered that the council had authority to impose a fresh suspension based on Matlala’s recent conduct, asserting employees cannot work during disciplinary proceedings.
The court dismissed the municipality’s contention that it lacked jurisdiction. The municipality had argued the matter belonged before specialised bodies like the CCMA or a bargaining council, designed for rapid employment dispute resolution, rather than the High Court.
Advocate Johann Olivier, representing Matlala, argued procedures and regulations were not followed, a fact conceded by the municipality that destroyed their defence. He noted it is also illegal to extend someone’s suspension.
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“The suspension was based on allegations and hearsay. A council cannot make decisions on unsubstantiated hearsay without prima facie evidence,” Olivier said. “Matlala was never given an opportunity to make representations on the allegations, which is procedurally incorrect. The calculated attempt to remove him is actually laughable.”
Olivier insisted on punitive costs against the mayor and speaker.
Municipality’s defence
The municipality accused Matlala of orchestrating an intimidation campaign, disrupting municipal operations, and attempting to render the city ungovernable by returning to work with private armed security personnel.
In her answering affidavit, Bartlett framed the suspension as a direct response to Matlala’s alleged disruptive conduct upon his return on 5 and 6 January. He reportedly arrived with armed guards, causing fear amongst staff and allegedly threatening Peters and Councillor Elizabeth Johnson.
The conduct disrupted operations and made the municipality “effectively ungovernable”. The council suspended him to restore stability, protect employees, and safeguard the pending disciplinary process.
The municipality argued Matlala’s application was fundamentally flawed, claiming the urgency was “self-created” as he waited five days after the 8 January resolution to file. They asserted he suffered no irreparable harm warranting urgent court intervention, as he remained on full pay and benefits.
Advocate Johann Olivier acted for Matlala on instruction of Matome Mashao Inc. and Advocate Simon Kunene for the speaker, mayor and municipality on instruction from Kopano Mothibi Attorney.
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