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More chaos in Goo-Tau bogosi

Maele was removed from the position in 2024 after serving as Kgosi of Goo-Tau since 1986
 
Maele was removed from the position in 2024 after serving as Kgosi of Goo-Tau since 1986

This comes after Justice William Moncho rescinded a consent court order by another claimant, Maele Morena Maele, which had instructed the Minister of Local Government and Rural Development (MLGRD) not to fill the position.

Lerato served as Goo-Tau Kgosi for at least 12 months following his appointment in February 2024, replacing Maele. His reign was short-lived, as he was suspended from the position in February 2025. The suspension letter cited a consent court order issued on September 10, 2024, by Justice Modiri Letsididi, then as the basis of his suspension.

However, Lerato will return to his position after Justice Moncho set aside and rescinded the order that removed him from the post. The court also ordered that any actions taken by Maele and the MLGRD against Lerato consequent to the judgment of September 10, 2024, be and are hereby rescinded and set aside.

Furthermore, the court ordered that the status quo immediately preceding the order of September 10, 2024, be forthwith restored by the MLGRD.

Moncho found that Lerato can validly and competently rescind the consent order of September 10, 2024, insofar as it affects his rights.

“His rights were clearly affected by the court order of September 10, 2024, whilst he was, as a direct consequence thereof, removed from his position as Kgosi of Goo-Tau on February 25, 2025. Such an order being granted in the absence of the applicant and without notice to him, and given that he was directly affected thereby, was erroneously sought and granted and on the strength of all the authorities cited above, stands to be rescinded under Order 48 Rule 1 of the Rules of the High Court,” the judgment reads in part.

He said even whilst Lerato was not a party to the proceedings leading to the consent order of September 10, 2024, his issues against the respondents as the beneficiary of the decision are real, live, and existing, thus demanding resolution.

Moncho also dismissed Maele's argument that the application was 'impracticable' and moot. This, he said, was because Justice Michael Motlhabi had already made an order reinstating him to the position of Goo-Tau kgosi. Moncho said Maele failed to showcase the existence of Motlhabi's judgment by filing affidavits of evidence against those of Lerato.

“As contended by the applicant, the respondents, by this failure, put themselves at the risk that the court may accept his opponent's evidence as set out in the founding affidavit as true and may make a decision based on those facts,” Moncho said in his judgment.

The current judgment by Moncho comes just months after Motlhabi declared the removal of the kgosi, Maele Morena Maele, illegal and irrational. Maele was removed from the position in 2024 after serving as Kgosi of Goo-Tau since 1986.