Does a Lepheana change its Spots?

An honest assessment of the tenure of “Advocate” Mothusi Frank Lepheana as Municipal Manager (MM) of Mafube Local Municipality. In his late fifties, he said he wanted to leave a legacy, make a real change and asked for assistance in doing so. Assistance was offered, solutions and implementation plans provided and accepted by the MM, but were never adopted. After three years, he did do some window-dressing, but real issues were not addressed. Looking at his resume, what could one expect…

SAHRC

Mothusi Frank Lepheana first became known to us as the Free State Provincial Head of the S.A. Human Rights Commission (SAHRC), where he was appointed circa 2005, with very little other detail known. There is mention of Lepheana heading up SAHRC’s Access to Information Unit; in all a prestigious and highly regarded appointment, even representing South Africa at a Commonwealth Human Rights Initiative (CHRI) conference in New Delhi, India. The trail went cold after that and no information could be found on Lepheana’s legal career. Did he ever act as an advocate in the High Court?

Acting-Municipal Manager at Matjhabeng Local Municipality

The next media appearance of Lepheana was in 2014 where he made the news as the first senior government official to be sentenced for contempt of court. He was acting – municipal manager of Matjhabeng (Welkom) at the time. It is under questionable circumstances that Lepheana or anyone for that matter would leave such a prestigious position at the SAHRC for appointment in an acting capacity at a struggling municipality. The pronouncement of High Court judge who sentenced Lepheana, adds to the intrigue:

Judge Daffue of the Bloemfontein High Court said about Lepheana:

• “The municipality was found to be a “mendacious” – lying and dishonest – litigant, as was Lepheana.” “Lepheana deliberately tried to mislead the court”

• “His non-compliance was not only wilful and male fide (in bad faith), but an indication of the high-handed approach adopted by so many senior public officials. His lack of interest in being of assistance to the court is apparent.”

• “His attitude throughout is baffling and his conduct undermines the esteem in which the office of municipal manager ought to be held.”

Soon after the case against Matjhabeng Local Municipality was concluded, Lepheana disappeared from the scene; apparently suspended for use of municipal funds to fight his case.

Municipal Manager at Mafube Local Municipality

All was quiet until October 2022, when he unexpectedly appeared at Mafube Local Municipality (MLM), reportedly seconded by the Provincial Department of Cooperative Governance and Traditional Affairs (CoGTA) as Acting Municipal Manager. This was done without notifying the community or other stakeholders, and without recognising Mafube Business Forum (MBF), at the time in negotiations to conclude an agreement with the Administrator (MLM was, and remains under mandatory Provincial intervention in terms of a High Court order brought by MBF). It appears that Lepheana was not in favour of these negotiations and ignored the solutions proposed by MBF – never responding to communications.

Governance, public participation and ignoring legislation

Lepheana’s administration, in the view of MBF, lead to a further decline in proper governance and the financial affairs of MLM, particularly in terms of transparency and communication. Public participation as demanded by local government legislation became a farce - Lepheana often placed notifications of public meetings which seldom took place and he hardly ever attended. Similarly, Lepheana had placed Municipal notifications in the local media inviting the public to peruse and comment on documents as MLM are legally required to publish on the municipality’s official website. Despite the public notifications and several reminders, the Annual Report, the finalised IDP and MTREF (Budget) are still to date, not made available to MBF or the public. This makes a mockery of transparency and public participation.

MEC advises Adv Lepheana’s appointment is invalid

Apparently, the CoGTA MEC Mr (TC) Saki Mokoena was similarly, less than impressed with Lepheana’s performance as Manager at MLM and wrote three times to the mayor of MLM, Thloare Motseneng to insist on Lepheana’s replacement. From several letters addressed to the MLM mayor, it is clear that the MEC was intent on moving Lepheana elsewhere but this was resisted. Lepheana won over the mayor by facilitating the purchase of the now infamous black BMW for Thloare Motsoeneng’s personal use. Shockingly the car was registered in the name of a municipal employee to firstly evade the compulsory up- to-date payment of all other municipal vehicles but also to prevent possible attachment by creditors.

Yellow-fleet not maintained

When challenged on priorities at the recent MEC’s Stakeholders’ Meeting, the Mayor insisted that according to Treasury Regulations, he is fully entitled to this car, ignoring the inability of MLM to pay licences and maintain their service delivery “yellow fleet”. This matter was brought to the attention of Lepheana in writing, to which he failed to respond.

Lots of talk, not much to show

During November 2024, more than 3 years after his appointment, Lepheana requested a meeting with MBF. A number of follow-up meetings were held which were generally positive but ultimately delivered nothing of substance. Lepheana failed to address and respond to correspondence directed to him – despite his legislated obligation. Without providing reasons or as much as an apology, Lepheana absconded and failed to attend a meeting that hours before he agreed to. Subsequently Lepheana became unreachable and for all intents and purposes disappeared from the scene.

Running away

Lepheana’s “resignation” came as no surprise, particularly because it coincided with the MEC’s Stakeholders’ Meeting of 24 June. The news was well received by the community as well as municipal employees, who gave it their overwhelming approval. It is evident that Lepheana was not popular among staff due to regular delays in salary payments and his inapproachability. At a government level his leadership abilities were questioned by national Treasury and his conduct was severely criticised by the high court – particularly his lack of compassion towards municipal workers; rather engaging in prolonged appeals and delay actions than complying with court orders.

Non-surprisingly, MLM published a glowing account of Lepheana’s tenure at MLM, praising him and glorifying his doubtful achievements.

At time of writing, there is no evidence of Lepheana complying with the High Court order of 25th March, nor the order of 17th January 2025 that compels Lepheana as 2nd respondent to “jointly and severally make payment to the applicant (Municipal Workers Fund) in the amount of R14 723 639.52”. No longer having access to municipal funds, this presents Lepheana with a serious predicament.

Falling from grace and no longer receiving a six-figure salary will certainly affect his lifestyle but the loss in personal privilege pales in comparison to the harm done to the community of Mafube.