The acting municipal manager of Nelson Mandela Bay, Mandla George, has issued a statement saying that he wil institute proceedings in the High Court to determine the lawfulness of the new executive mayor and speaker’s appointments.
“I have taken notes of the disputes, both factual and legal, which have arisen regarding the appointment of the acting speaker and executive mayor of the Metropolitan Municipality on 4 December. I have also taken note of the stances adopted by various persons and political parties with regard to the aforesaid appointments,” Geroge said.
The Department of Cooperative Governance and Traditional Affairs (Cogta) has described the election process of Nelson Mandela Bay’s new mayor, Nqaba Bhanga, as being tainted with flaws and not in compliance with legislation.
According to a statement released by Cogta, they received a report from the acting municipal manager regarding the metro’s council meeting that included the process of electing the DA’s Bhanga as the new mayor.
The statement read that the election of the acting speaker by councillors to preside over the election of a new executive mayor was done in contravention of terms of section 36 (3) of Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998).
“Neither the acting city manager nor a person designated by the MEC presided over the election of the acting speaker on December 4, 2020. The election of the acting speaker was thus wrongful, unlawful and null and void,” the statement 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.
George stated that he considered the matter and obtained independent legal advice; and it was clear to him that it was “not in the interests of the Municipality for these disputes and uncertainties to remain unresolved”.
“Under these circumstances I have decided, on advice, that in my capacity as acting municipal manager, it is necessary to institute proceedings in the High Court for appropriate declaratory relief, including declaratory relief as to the lawfulness or otherwise of the aforesaid appointments. All interested persons and parties will be cited in those proceedings for declaratory relief, and all interested persons and parties will therefore have an opportunity to place their respective versions and contentions before the High Court.
“To that effect, the current executive mayor elected at the Council meeting on 4 December (Bhanga) will remain and discharge his responsibilities until such time that the Court can decide otherwise.
“I have not taken this decision lightly but I am convinced that this is the correct way to find the appropriate closure on the matter in order for the Municipality to focus on service delivery excellence and good governance,” George said.
The proceedings for declaratory relief in the local High Court will be instituted on a semi-urgent basis early in the New Year.
