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Bhanga on THAT Letter

By

Nelson Mandela Bay residents, members of the press.

It has come to my attention that the MEC for Co-operative Government and Traditional Affairs, Hon Nqatha, has furnished the Speaker of Council, Cllr Mafaya, with a letter this morning stating that the election of an Acting Speaker and, therefore, the election of a Mayor at last week’s Nelson Mandela Bay Special Council meeting, was unlawful and therefore null and void.

I wish to state upfront that the election of an Executive Mayor, just like any other decision of a municipal council or government entity or government department falls, within the ambit of the law that governs administrative actions.

The Promotion of Administration Justice Act (PAJA), determines that any decision which is defined as a decision of “an administrative nature” can constitute administrative action. This legislation also makes provision for how any procedurally flawed decisions and actions can be set aside by means of Judicial Review.

The letter by the Hon MEC, is in essence, an attempt at setting aside the election of an Executive Mayor in Nelson Mandela Bay Metro, without following due process.

I believe that the sole reason that MEC Nqatha is opting not to proceed with judicial review in the matter at hand, is the fact that Nqatha is well aware that the procedure to elect an Executive Mayor will successfully stand the challenge of any legal scrutiny.

Colleagues, I want to emphasize. There are only two ways in which I, Nqaba Bhanga, can be removed as Executive Mayor of Nelson Mandela Bay.

Firstly, a court can set aside my election as Executive Mayor. Secondly, I can be removed by a motion of no confidence which is supported by a majority of councillors in Council. The election of an Executive Mayor certainly does not require the concurrence of the MEC CoGTA. Whether Nqatha likes it or not, I am here to stay.

This municipality has been without an Executive Mayor for a year. During this time the MEC Nqatha was hesitant in intervening in order to compel the election of an Executive Mayor in Nelson Mandela Bay. I have personally, on numerous occasions, requested the MEC to intervene and ensure that an Executive Mayor is elected in NMB over this period.

My efforts are well documented by the media, even the instruction that the Hon. Minister for Co-operative Government and Traditional Affairs, Dr Nkosazana Dlamini-Zuma addressed to Nqatha, and which he elected to ignore. As a result service delivery in the Metro came to a grinding halt.

The City has permanently lost R503 Million in conditional grant funding and equitable share due to his failure to support the administration.

Basically each and every big capital works programme has been stalled or has stopped completely because of fears that National Treasury will not pay the grant funding due and payable to the City.

After a year, an Executive Mayor was elected by a majority of councillors in Nelson Mandela Bay on Friday evening. Now that I am elected, the MEC refuses to recognise my appointment.

As your Executive Mayor, I am dead set on stabilizing this administration. As your Executive Mayor, I am committed to putting a government together that can take Nelson Mandela Bay forward again. I am putting the interests of this City and the people first. I am making sure that the Municipality gets back on its feet and starts doing what it is supposed to do.

And I am willing to fight off any attempt which is aimed at further destabilizing this City.

The Mayoral office, together with those councillors who have chosen to support the return of good governance to this city, will not be deterred from fixing the mess left by the previous government, and is committed to working with the residents of this city to take Nelson Mandela Bay forward again!

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NMB Communications

Media Communications at Nelson Mandela Bay Municipality
The Nelson Mandela Bay Metropolitan Municipality Communications Department is responsible for communicating pertinent Municipal news from Port Elizabeth, Uitenhage and Despatch. Municipality Contact Details. See more articles by NMB Communication's.