MyPE

Community Business Directory, Event Listings, News and Views from Gqeberha, Nelson Mandela Bay

Anele Qaba: Statement By Chairperson Of The MBDA Board, Mrs Glenda Perumal

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On 9 April 2024, Honourable Judge Eksteen handed down Judgment reviewing and setting aside the decision to appoint Mr Qaba as the Chief Executive Officer of the MBDA. Mr Qaba has since notified the Board that he had filed a notice to appeal against the Judgement with the Gqeberha Hight Court. (See: Court Sets Aside Unlawful Appointment of MBDA CEO Anele Qaba and Anele Qaba – Another View)

Section 18(1) to (3) of the Superior Courts Act generally suspends the operation and execution of a decision that is subject of an application for leave to appeal or of an appeal, pending the decision of the application or appeal.

The Board of the MBDA in studying the Judgment and upon receiving legal advice supported by relevant case law regarding the suspension of a decision pending an appeal is addressed in a matter of City of Tshwane Metropolitan Municipality v Vresthena Pillay (Pty) Ltd and Others (1124/2022 [2023] ZASCA 104).

The Board has noted Mr Qaba’s application for leave to appeal the Judgment and recognise the implications of this action as guided by the Superior Courts Act, and relevant Case Law to conclude that Mr Qaba is to proceed with his normal duties and responsibilities pending the outcome of the Appeal.

We request all interested parties to respect the sub-judice rule whilst this matter receives the attention of the relevant court, and for that reason, the Board will not offer any further comment on this matter until the matter is resolved.

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