26 Oct 2023

North West District councillors have resolved that the council should appoint law firms to represent all the four respondents cited in a case filed before Lobatse High Court by former chairperson, Mr Kebareeditse Ntsogotlho and his deputy, Mr Lekonne Masoko.

The applicants were ousted from their positions through a motion of no confidence in May and they instituted an urgent application in which they wanted the current chairperson and his deputy interdicted from assuming their positions pending a review application for an order declaring their election unlawful and of nor force or effect on account of its alleged illegality.

 However, an interlocutory application for an interim interdict was dismissed.

Councillors made a resolution during a special full council meeting that the council should defend the review that the 1st and 2nd respondents, being the council and the current chairperson Mr Itumeleng Kelebetseng, be represented by Dingake Law Partners while the 3rd and 4th respondents, deputy council chairperson, Mr Nico Folae and Mr Kelebetseng, who was cited as the beneficiary of the election outcome as well as his capacity as the chairperson of the council be represented by Kebonyemodisa Law Office.

The resolution followed an update by the council attorney, Mr Otsweletse Moupo who said the applicants had approached the High Court to have the election reviewed and set aside.

He said the basis of the application was that the election was irregular and unlawful on account of the fact it deviated from the agenda of the council meeting.

The applicants, he said, accordingly sought an order declaring that the election was unlawful, and that of removing Mr Kelebetseng and Folae from their positions as chairperson and deputy and restoring the applicants to their former positions.

They also sought an order directing council to pay them the difference between the salaries they earned and the salaries they presently earn as ordinary councillors from the time of their dethronement to the time of the application, assuming they were successful.

However, Mr Moupo said they had engaged the applicants’ attorneys in terms of the High Court rules to correct their papers as they found some irregularitie and were awaiting a response. 

However, some councillors were against the resolution, saying it was not procedural for the council to mention the names of the firms to represent the  respondents.Council chairperson ruled that councillors should vote on the issue as per the standing orders and five were against the resolution while 19 supported it ENDS