ActionSA Condemns MEC’s Unconstitutional Interference in Ramotshere Moiloa Council
Press Statement by Thabo Nkashe
ActionSA North West Provincial Chairperson
ActionSA notes with grave concern the unlawful attempts by the MEC for Cooperative Governance, Human Settlements and Traditional Affairs (COGHSTA) to interfere in the legitimate affairs of the Ramotshere Moiloa Local Municipality.
Section 151 of the Constitution is unambiguous: municipalities enjoy the right to govern, on their own initiative, the local government affairs of their communities. A municipal council is the highest decision-making authority in this sphere and only a competent court of law may review or set aside its decisions. The election or removal of a mayor falls squarely within the jurisdiction of council, and no MEC has the authority to declare a council sitting null and void.
The MEC’s powers are expressly limited under Section 139 of the Constitution, which provides for intervention only when a municipality fails to fulfil its executive obligations, such as adopting a budget. Interference in the political and procedural processes of a council oversteps this constitutional mandate and represents a clear abuse of authority.
Where disputes exist about council proceedings, such as improper notice, quorum, or procedure, the correct recourse is the judiciary. Until such time as a court rules otherwise, the decisions taken at the Ramotshere Moiloa council sitting of 09 July 2025 remain valid and binding. Any attempt to disregard or undermine those decisions outside of judicial process is unlawful and unconstitutional.
Of further concern is the selective nature of the MEC’s actions. While the province has turned a blind eye to the irregular appointment of senior managers in Ramotshere Moiloa , an area where intervention is both justified and necessary it has chosen instead to interfere where the Constitution provides no authority. This double standard undermines the integrity of provincial oversight and further erodes confidence in governance.
ActionSA stands firm in its belief that South Africans deserve governments that act within the bounds of the Constitution, respect institutional independence, and place the needs of residents above factional power plays. We will continue to champion governance that restores the rule of law and delivers real change for our people.
ActionSA Condemns MEC’s Unconstitutional Interference in Ramotshere Moiloa Council
ActionSA notes with grave concern the unlawful attempts by the MEC for Cooperative Governance, Human Settlements and Traditional Affairs (COGHSTA) to interfere in the legitimate affairs of the Ramotshere Moiloa Local Municipality.
Section 151 of the Constitution is unambiguous: municipalities enjoy the right to govern, on their own initiative, the local government affairs of their communities. A municipal council is the highest decision-making authority in this sphere and only a competent court of law may review or set aside its decisions. The election or removal of a mayor falls squarely within the jurisdiction of council, and no MEC has the authority to declare a council sitting null and void.
The MEC’s powers are expressly limited under Section 139 of the Constitution, which provides for intervention only when a municipality fails to fulfil its executive obligations, such as adopting a budget. Interference in the political and procedural processes of a council oversteps this constitutional mandate and represents a clear abuse of authority.
Where disputes exist about council proceedings, such as improper notice, quorum, or procedure, the correct recourse is the judiciary. Until such time as a court rules otherwise, the decisions taken at the Ramotshere Moiloa council sitting of 09 July 2025 remain valid and binding. Any attempt to disregard or undermine those decisions outside of judicial process is unlawful and unconstitutional.
Of further concern is the selective nature of the MEC’s actions. While the province has turned a blind eye to the irregular appointment of senior managers in Ramotshere Moiloa , an area where intervention is both justified and necessary it has chosen instead to interfere where the Constitution provides no authority. This double standard undermines the integrity of provincial oversight and further erodes confidence in governance.
ActionSA stands firm in its belief that South Africans deserve governments that act within the bounds of the Constitution, respect institutional independence, and place the needs of residents above factional power plays. We will continue to champion governance that restores the rule of law and delivers real change for our people.