Ex-mayor wants ouster case 'heard out of time'

CHAKALISA DUBE
Staff Writer | Thursday June 20, 2013 00:00

 

The councillor was toppled as city mayor last September through a motion of no confidence but failed to challenge it in court within the required four months. Last Friday, he applied for leave to be allowed a late challenge through his lawyer Morgan Moseki. The move comes after the High Court ruled in February that a mayor cannot be removed from office through a motion of confidence.

In his application, Maiketso explained that after he was ousted, he sought legal advice and was told that he would be trying to be a pacesetter because at the time, mayors and chairmen of councils were being removed from office in a similar fashion.

'Just to give an example, councillors of the North West District, South East District and Kgatleng District removed their chairpersons and none of the ousted holders initiated legal proceedings for reinstatement. 'It is my humble submission that the prevailing circumstances at the time, coupled with my financial instability experienced prior to moving this application was a nerve-wracking risk too ghastly to contemplate legal action,' he asserted in his application.

He stated that at the time of his removal, there was no free legal aid which is now provided by government. If there was, he asserted that he could have seized the opportunity to challenge his removal speedily.'Further, when the time came for me to contemplate instituting legal proceedings against the respondents, I sought to settle this matter amicably with the first respondent to no avail.

'That also contributed to the delay in filing my application,' he said. Francistown City Council (FCC) is the first respondent in the case, while Maiketso's successor as mayor, James Kgalajwe is the second.