Newly elected Nelson Mandela Bay mayor, Nqaba Bhanga, responded to the letter written by Cogta deeming his election as mayor null and void, by saying that the Cogta MEC has no authority to nullify municipal decisions.
Bhanga held an urgent press briefing yesterday after receiving what he dubbed a “love letter” from Cooperative Governance and Traditional Affairs MEC, Xolile Nqatha.
In the letter, Nqatha said that since neither the acting manager nor a person designated by the MEC presided over the election of the acting speaker during last Friday’s council meeting where a new mayor was elected, the election of the acting speaker was wrongful, unlawful and null and void.
“All his actions on that day were null and void, that includes presiding over the election of the executive mayor,” the letter read.
Bhanga was elected mayor during a chaotic council meeting where the PA’s Marlon Daniels presided as acting speaker. This follows the manhandling of Speaker Buyelwa Mafaya, who was forcefully removed from chambers by a group of men approximately six hours into the meeting.
During the press briefing, Bhanga said that he wants to make it clear that the election of the executive mayor falls within the ambit of the law that governs administration on municipal level, just like any other decision taken by the municipal council.
“I expected this letter from the MEC. It is a clear attempt to interfere with municipal decisions, but he does not have jurisdiction when it comes to municipal decisions. I waited for this love letter he wrote to Mafaya, but he personally does not have the authority to nullify decisions taken by the municipal council. There is no such thing,” Bhanga said.
“He can bring anyone, he can even bring the soldiers, but he doesn’t have the authority to remove me. I am in City Hall and I am working. I have disbanded the mayoral committee and all the municipal assets have been taken. Political appointments will be dealt with tomorrow (today). We’re also dealing with COVID but we had to address this love letter,” he added.
According to Bhanga, there are only two ways for the MEC to remove him as mayor.
“He must not waste paper of the provincial government by writing letters but must go to court and ask the court to set aside the election of executive mayor. I am waiting on him for court action.
“Otherwise, he can ask the ANC councillors, there are only 49, to submit a motion of no confidence but for that they need 61 councillors so it will not work. Those are the legal processes he can follow,” Bhanga explained.
“I am in office and working. We are focusing on actual issues facing the City.”
