Today, 31 August 2018, papers were filed in the Port Elizabeth High Court after Executive Mayor Athol Trollip was illegally removed from his position during an unlawfully convened continuation of the Council meeting that took place on Monday 27 August 2018.
The DA, ACDP, COPE and PA are confident that they will succeed in their application.
The continuation of said council meeting, presided over by a provincial cooperative governance and traditional affairs official, was unlawful and invalid.
Section 36(3) of the Municipal Structures Act (117 of 1998) states that, “The municipal manager of the municipality or, if the municipal manager is not available, a person designated by the MEC for cooperative governance and traditional affairs in the province, presides over the election of a speaker”.
After City Manager, Johann Mettler, left the chamber having declared that the meeting did not quorate, Eastern Cape MEC for Cooperative Governance and Traditional Affairs, Fikile Xasa, erroneously invoked Section 36(3) and designated an individual to preside over one item:
1. The election of a Speaker.
It is an undisputed truth that the City Manager, Johann Mettler, was in fact at all times available and remained so for the full duration of this unlawfully convened continuation of said council meeting.
As such, the election of a new Speaker, the subsequent passing of a Motion of No Confidence in the Executive Mayor, the election of a new Executive Mayor and the election of a Deputy Executive Mayor, were all illegal and invalid.
The EFF, UDM and other similar small parties have actively attempted to hand Nelson Mandela Bay back to the very thieves and crooks who had previously brought the metro to its knees. Already we have seen the use of blue lights by Cllr Bobani, the excessive procurement of catering, the hosting of glamorous and glitzy parties and the convening of meetings with disgraced and dismissed former employees, such as Mod Ndoyana. They will have to answer to the voters for this.
During the coalition government’s 24 months in government, great strides were made in turning Nelson Mandela Bay around and making real progress.
We will not allow a corrupt illegal government to continue in office, stealing public money and grinding service delivery to a halt.
Athol Trollip, Nqaba Bhanga, Siyasanga Sijadu, Lance Grootboom, Marlon Daniels and our coalition government have made significant progress in the work of stopping corruption, delivering better services and creating jobs.
This work will continue. One City One Future.
NMB Coalition Government
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