Mosekaphofu - Thabo Appolus o ile a senola fa Segapo a sa thapiwa go ya ka molao wa tsamaiso ya dimasepala
JOHANNESBURG -The Constitutional Court of South Africa has delivered a final blow to the Naledi Local Municipality’s efforts to challenge lower court rulings invalidating the appointment of Modisenyane Segapo as Municipal Manager.
In an order dated and stamped 6 March 2026 (case CCT 375/25: Naledi Local Municipality & Others v Thabo Appolus & Others), the court refused leave to appeal the Supreme Court of Appeal (SCA) judgment from November 2025.
The dispute originated from Segapo’s appointment in March 2023, which respondents, including Thabo Appolus and other municipal figures, successfully challenged as unlawful under the Local Government: Municipal Systems Act, 2000.
Key irregularities cited included flaws in the special council meeting of 10 March 2023, procedural non-compliance, and lack of proper vetting or provincial concurrence.
The North West High Court set aside the appointment in 2023 rulings ( UM53/2023), declaring it invalid from the outset and directing the municipality to restart recruitment lawfully. The SCA upheld this in November 2025 (case 122/2024), dismissing the appeal and imposing punitive personal costs on applicants P.G.C. Gulane N.O., J. Groep N.O., and Segapo N.O. for what it deemed a meritless pursuit.
Segapo continued occupying the office pending appeals but stepped down following the SCA’s decisive ruling.
The Constitutional Court order granted limited leave for the third, fourth, and fifth applicants to file a replying affidavit, despite noting parts as an impermissible re-argument, where it found certain matters just and equitable.
However, it refused leave to appeal, concluding the case raised no broader legal questions or principles beyond the specific facts, and was not in the interests of justice to entertain.
Leave was denied with costs, payable jointly and severally by Gulane, Groep, and Segapo in their personal capacities.
In compliance with the binding orders, the Naledi Local Municipality re-advertised the Municipal Manager position late 2025. The re-advertisement closed on 9 January 2026 at 16:00, with the role offering an all-inclusive package of approximately R1,497,499.00 and a fixed-term contract not exceeding one year beyond the next council election.
As of March 2026, no public announcement has confirmed a permanent appointment; reports indicate Mrs D. Munyai (current Director) serving as Acting Municipal Manager to address service delivery needs in the interim.
The matter has also featured in North West Provincial Legislature scrutiny, with an Ad Hoc Committee probing related allegations of political interference (involving Premier Lazarus Mokgosi and others). Segapo testified before the committee in January 2026, amid claims of report tampering and misconduct.
The litigation has reportedly cost the municipality over R20 million, heightening calls for accountability.
With the apex court’s refusal, the SCA/High Court outcomes are conclusive: Segapo’s appointment remains permanently invalid, and the municipality must ensure transparent, compliant recruitment moving forward. No further appeals are possible in South Africa’s judicial hierarchy.
The Naledi Local Municipality has not issued an immediate statement on the Constitutional Court order or the status of the Municipal Manager recruitment process.
