Staff Reporter
A Democratic Alliance (DA) councillor who was elected as speaker of a Free State municipality at a controversial council meeting last November and was contesting a court order barring him from assuming office has resigned.
In a letter addressed to council, Eric Motloung said his party was opposed to the position taken by the ANC towards the court order prohibiting him from taking up his role as speaker of the Dihlabeng Local Municipality council until the matter is finalised.
“. . . the Democratic Alliance caucus doesn’t agree with the decision of the ANC caucus to concede to the order and not allow council to defend its independence and decision,” read part of the letter.
This effectively means the matter which was set to continue in court this Thursday is now dead.
The Free State High Court ruled in December last year that Motloung, who was elected on November 30, should stay away from the office of the speaker and not perform any duties as speaker of the Bethlehem-based municipality in the eastern part of the province.
Cooperative Governance and Traditional Affairs (CoGTA) MEC Thembeni Nxangisa sought an interdict from the court after the ANC-dominated Dihlabeng council had elected Motloung as its speaker.
Nxangisa cited among others that procedure was not followed in the election and the eventual appointment of Motloung to the position of council speaker.
Motloung received 18 votes against 13 for ANC councillor Tseki Tseki when council voted by secret ballot on November 30.
In the 39-member council, the ANC holds 25 seats while the DA has eight, the EFF three and the Freedom Front Plus one.
There are two independent councillors.
However, the appointment, said to have even surprised Motloung himself, has been blamed on infighting within the ANC in Dihlabeng.
In its ruling, the court ordered that Motloung be restrained and interdicted from executing or purporting to execute any functions of or related to the office of the speaker of the Dihlabeng Local Municipality.
The court also ruled that he was interdicted from holding himself out as the speaker of the municipality.
The respondents to the matter, who included the Dihlabeng Local Municipality, Motloung and the Dihlabeng acting municipal manager, were given until January 21 to oppose the ruling.
In a letter seen by The Free Stater, Dihlabeng municipality executive mayor Lindiwe Makhalema told Nxangisa that the municipality would no longer pursue the matter in court.
“. . . it was resolved that the current speaker will resign from the position of speaker and the resignation letter is attached for your information,” wrote Makhalema.
“It was further resolved that the . . . respondents withdraw from the High Court Case No. 5005/2020 and do not want to continue with the legal (case) against the (MEC) for (CoGTA).”
Dihlabeng municipality includes the towns of Paul Roux, Clarens, Rosendal and Fouriesburg.
The speaker’s position became vacant following the death of the incumbent, the ANC’s David Lengoabala, in September last year.