It was during proceedings before Judge Johannes Petrus Daffue when it was revealed the applicants’ legal counsel - Advocate Kameel Magan, travelling with instructing attorney Dexter Selepe - failed to make the drive from Johannesburg to Bloemfontein due to Magan’s alleged illness. 

Local attorney for the applicants, Hanno Bekker, was left to pick up the pieces despite only being informed of the situation at 08:45, less than an hour before proceedings were meant to begin. 

OFM News’ Olebogeng Motse reports that Bekker requested Daffue to grant them a postponement of the matter to next week Thursday.  

It was revealed that Bekker was caught so off guard by the news that he was unable to file a formal application for this postponement, he was forced to address the Judge in chambers just after 09:00. 

Daffue asked Bekker why his legal counsel did not file their affidavit, nor their heads of argument within the allotted time.  Bekker fumbled, unable to explain why the Johannesburg-based legal counsel had not done as required. Advocate William Mokhari, representing ANC National and the party’s National Disciplinary Committee (NDC), opposed the application and requested Daffue to dismiss it. Advocate Sehapi Motloung, for Maluti-A-Phofung Municipality, echoed Mokhari’s sentiments adding his clients needed finality. 

Daffue admonished the applicants for not submitting legal documents in time and said the “ANC will be prejudiced if a postponement is given to the applicants”. Daffue then rejected the application, requesting that Bekker deliver his argument. The local attorney requested a brief adjournment to consult with the Johannesburg counsel. 

The disgruntled former councillors are challenging their suspension and subsequent expulsion from the party after rebelling against the Free State ANC’s Provincial Executive Committee (PEC) and voting with the opposition to elect Gilbert Mokotso as the mayor of Maluti. The applicants were meant to have submitted their affidavit on February 6 but did not. 

Mokotso, who is among the expelled councillors, was replacing the controversial Vusi Tshabalala, who was recalled by the then Free State Provincial Task Team (PTT) in early May 2018.

OFM News