Matlosana Municipal Manager Lesego Seametso, who was suspended, has been reinstated with immediate effect following an urgent court ruling in Mahikeng.
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The High Court of South Africa sitting in Mahikeng has ordered the immediate reinstatement of Matlosana Local Municipality’s municipal manager, Lesego Seametso, after finding serious procedural flaws in her suspension.
In a judgment delivered on 28 April 2026, Acting Judge Sylvia Matlhape ruled in favour of Seametso, effectively halting both her suspension and the appointment of an acting municipal manager pending a full review of the matter.
The court ordered that “the impugned decisions… to suspend the applicant… are stayed with immediate effect,” allowing Seametso to return to her position without delay.
It further directed that she “is allowed to resume her duties… with immediate effect,” and prohibited municipal officials from interfering with her work.
The ruling also suspended council resolutions that had installed an acting municipal manager, signalling the court’s concern about the legality of the municipality’s actions.
At the heart of the case was a procedural challenge under Rule 7(1) of the Uniform Rules of Court, which allows parties to contest whether legal representatives are properly authorised.
This is not the first time Seametso has been at the centre of a legal storm. Appointed on December 31, 2022, she was previously arrested in June 2024 on charges of theft and corruption involving R3 million. However, those charges were later withdrawn, and an internal investigation vindicated her of any wrongdoing, leading her supporters to describe the accusations as "fictitious" attempts to shame her.
The current dispute began on March 2, 2026, when Mayor Fikile Mahlophe notified Seametso of the Council’s intention to place her on "precautionary leave" due to alleged irregularities in a mid-year assessment.
The court found that the municipality failed to demonstrate that it had formally authorised legal action against Seametso.
“There is no council resolution authorising [the attorneys] to act on behalf of the Municipality nor… authorising these proceedings,” the judgment states.
Judge Matlhape noted that “this failure renders the opposition procedurally defective.”
The court went further, concluding that without clear authority, there was effectively no valid opposition before it: “There is therefore no proper opposition from the First, Second and Fourth Respondents in this matter.”
The background to the case points to internal divisions and procedural irregularities within the municipality.
Seametso had been placed on precautionary suspension in March 2026 over alleged irregularities linked to a mid-year financial assessment. However, she challenged both the substance and process of the decision, arguing that the allegations were vague and that proper procedures were not followed.
Notably, even the mayor had reportedly raised concerns about the legality of the suspension process. According to the judgment, he cautioned that such a decision required “prima facie evidence, a formal council resolution, and notification” to relevant authorities.
Despite these warnings, the council proceeded with the suspension and later appointed an acting municipal manager, prompting the urgent court application.
The case underscores a fundamental principle in South African local governance: executive authority ultimately resides with municipal councils.
As referenced in the judgment, precedent from Manana v King Sabata Dalindyebo Municipality affirms that “executive authority vests in the council and in nobody else,” reinforcing the requirement for formal resolutions in key decisions.
This aligns with the framework set out in the Constitution of the Republic of South Africa and the Municipal Structures Act, which collectively define the roles and powers of municipal institutions.
In a further blow to the municipality, the court ordered the first, second and fourth respondents to pay legal costs, citing their conduct and failure to follow due process.
“The conduct… should be frowned upon,” the court noted in justifying the costs order.
Beyond the reinstatement, the court ordered the City of Matlosana, the Municipal Council, and the Speaker, Stella Mondlane-Ngwenya, to pay the legal costs of the application.
While this ruling allows Seametso to return to her post immediately, the broader "Review Application" (Part B) remains pending, which will eventually determine the final lawfulness of her initial suspension.