Home CrimeCourtFree State High Court Dismisses Metsimaholo Municipality’s Appeal in Lebusa CFO Case: DA Calls for Probe into Wasted Legal Fees

Free State High Court Dismisses Metsimaholo Municipality’s Appeal in Lebusa CFO Case: DA Calls for Probe into Wasted Legal Fees

by Selinda Phenyo
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South Africans following local government dramas got a clear message from the courts this week as the Free State High Court shut down Metsimaholo Local Municipality’s bid to appeal a ruling that called the firing of former Chief Financial Officer Hopolang Ishmael Lebusa unlawful. The decision, handed down on 27 November 2025, backs an earlier judgement from April 2025, saying the appeal has no shot at success and no good reason for another look. This leaves the municipality on the hook for costs and raises big questions about how they handle staff and money in a province already facing service woes.


The ruling has sparked fresh calls for accountability, with the Democratic Alliance in Metsimaholo vowing to dig into the legal bills racked up in this fight. As communities in the Free State deal with everyday struggles like water cuts and potholes, this case shines a light on leadership slips that waste taxpayer cash. Lebusa’s win not only gets him back pay but highlights bigger issues in how councils run things. As SA pushes for clean governance, this story reminds us why following rules matters. Here’s a closer look at the court win, the backstory, and what comes next for all involved.


Court Slams Door on Appeal: No Merit in Municipality’s Case


Acting Deputy Judge President J.J. Mhlambi and Acting Judge D. Greyling-Coetzer delivered the blow, saying the municipality’s push to overturn the original ruling fell flat. They tossed out claims of mistakes in facts, contract reads, and court powers, noting a small date mix-up (7 vs 8 December 2023) did not change anything. The judges stressed the appeal lacked any real chance of winning and should face costs on Scale B, covering lawyer fees.


The original case stemmed from Lebusa’s suspension in July 2023 alongside other top staff, tied to a dodgy security tender. Appointed on 1 August 2022 for five years until 31 July 2027, Lebusa fought his firing as unfair. The April 2025 ruling agreed, calling it against natural justice, labour laws, and the municipality’s own rules. It ordered his return to work, full back pay, and costs paid.


The municipality argued the court got it wrong on the CCMA’s role and other points, but the judges saw no missteps. This final call means Lebusa can step back into his role, potentially shaking up recent hires like new CFO Fikile Mareka in April 2024.


The Democratic Alliance in Metsimaholo wasted no time, announcing on 1 December 2025 they will quiz the municipal manager and speaker’s office on the cash blown on this losing fight. Councillor Thulani Mbana said the DA opposed the suspension and firing from the start, seeing it as unlawful. “This judgment should serve as a lesson that councils are not law unto themselves and all actions have consequences, even for councillors who think they are immune to legal repercussions,” Mbana stated.


He called the costs “fruitless and wasteful expenditure,” urging a plan to recover them and hold those at fault accountable. The DA’s former mayor was ousted for refusing illegal orders, and Mbana says this win backs their stand on good governance. With Metsimaholo facing audits flagging tender issues, this adds pressure for clean-ups.


The Backstory: Tender Scandals and Suspensions


Lebusa’s troubles started with a forensic probe into a high-value security tender awarded in early 2023. Claims of irregularities, favouritism, and possible graft led to suspensions for Lebusa, Municipal Manager Adv Mofokeng, and three directors. Reports hinted at manipulated bids and political ties, part of wider woes in SA’s 257 municipalities where tender fraud costs billions yearly.


Lebusa challenged his axing, arguing it broke rules on fair hearings and contracts. The court agreed, noting no proper notice or chance to respond. This echoes past cases where rushed firings backfired, like in other Free State spots facing similar fights.


Metsimaholo appointed Basi Motloung as new manager and Fikile Mareka as CFO in April 2024, praising their skills for better governance. But Lebusa’s win throws a spanner, possibly forcing payouts or role shifts that strain budgets.


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