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Bobani administration continues to rack up frivolous legal bills

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Dear MyPE

The Democratic Alliance (DA) in Nelson Mandela Bay acknowledges the judgement handed down in the Makhanda High Court yesterday, 19 September 2019, against Mayor Mongameli Bobani and the then acting city manager, Peter Nielson, in the matter of Grey Moodliar Attorneys and the municipality’s irrational removal of them as attorneys for the Metro.

At a Council meeting during which the decision to remove Grey Moodliar was taken, the DA attempted to convince the current coalition of corruption of the ANC, UDM, United Front, AIC and EFF that the move would have serious financial implications and that there didn’t appear to be any legitimate reasons for the termination of their services.

ANC Councillor Andile Lungisa went as far as to state that the files would be forcibly removed from the offices of Grey Moodliar, an apparent threat of violence which was strongly condemned by the DA.

The then Acting City Manager, Peter Nielson, did nothing to caution the Council against the move and its potential to incur fruitless and wasteful expenditure.

Grey Moodliar took the Council’s decision to have their services terminated to court, and succeeded in June 2019.

Despite a court order instructing the Metro to return files to the firm, and allow them to continue with the numerous cases they were handling for the municipality, the Metro chose to ignore the judgement. At the time some of the matters handled by the firm included disciplinary hearings of officials suspended for alleged corruption. These officials had since been allowed to return to work by Mayor Bobani.

The Bobani administration decided that they would appeal the judgement and appointed new attorneys to take over all of Grey Moodliar’s work.

Yesterday, 19 September 2019, the Metro’s appeal was dismissed by the court. The judge was scathing of the Metro and in particular Mayor Bobani’s disregard for the previous judgement reinstating Grey Moodliar. The judge ordered that while the Metro may take the matter to the Higher Courts on appeal, it is not entitled to suspend the judgement ordering Grey Moodliar’s return while doing so.

Grey Moodliar must be allowed to return to work, regardless of any possible further appeal by the Metro.

The costs of these court cases and the costs of appointing the firms that took over Grey Moodliar’s work will amount to fruitless and wasteful expenditure. The DA will write to the Auditor-General’s Office to make use of the Public Audit Amendment Act’s newly introduced enforcement mechanisms, to hold to account those who recklessly incurred these costs.

Only a DA-led government can ensure good and transparent governance in Nelson Mandela Bay.

Regards

Leander Kruger Cllr
NMB Spokesperson on Budget and Treasury

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