The Mahikeng High Court has suspended the Matlosana Local Municipality council’s controversial decision to reinstate its dismissed Chief Financial Officer, Mercy Phetla, delivering a significant legal blow to a council already facing possible provincial administration.

In an urgent ruling delivered by Judge Andre Peterson, the court ordered that the resolution adopted by council on February 4, 2026, which sought to reinstate Phetla, may not be implemented pending the final outcome of the matter.

The court further ruled that Phetla is not entitled to report for duty or perform any functions as CFO while the case remains unresolved.

The application was brought by the civil society organisation Nova Matlosana in Action NPC and was heard on an urgent basis. Judge Peterson condoned non-compliance with normal court rules relating to timeframes and service, finding that the matter warranted immediate judicial intervention.

The ruling effectively freezes the council’s attempt to reverse the outcome of a concluded disciplinary process.

Phetla had been dismissed after an independent presiding officer found her guilty of misconduct and imposed a sanction, which the municipal manager implemented by issuing a termination letter.

Despite this, a majority of councillors voted last week to reject the disciplinary report and instructed the municipal manager to reinstate her.

Legal experts have warned that councils do not have the authority to act as appeal bodies in disciplinary matters involving senior managers.

The court’s interim order confirms that position, at least for now, by preventing the council from giving effect to its resolution until the substantive issues are fully argued in Part B of the application.

The court intervention comes at a time of heightened political instability in Matlosana. The municipality has been struggling with failing infrastructure, financial mismanagement and persistent service delivery failures, prompting the ANC in North West to call for the municipality to be placed under provincial administration in terms of Section 139(1)(b) of the Constitution. Council is also sitting on Tuesday to deliberate on the issue.

According to an insider, they were trying to reverse the decision.

“We are currently in council to rescind the decision of last week,” said the source.

Opposition parties, including the DA, have argued that the attempted reinstatement of the CFO was symptomatic of deeper governance failures and a disregard for the rule of law.

The DA has also indicated it may pursue further legal and criminal action against councillors who supported the resolution.

karabo.ngoepe@inl.co.za 

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