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NA, AIC, GOOD, DOP, PAC, AIM and UDM Speak on “CurryGate” – The Public Altercation with Mayor Johnson

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The ‘smaller party’ bloc issued the following press statement on the recent public altercation inside a well known Curry Den in Richmond Hill, Gqeberha involving the Executive Mayor – Councillor Eugene Johnson, the Deputy Mayor – Councillor Buyelwa Mafaya, the MMC For Safety and Security – Councillor Troon and the Mayoral Advisor – Mr Mayaya.

The video of this ‘incident’ is below:

YouTube video player

In the statement the parties said:

We the undermentioned parties, who are part of the current coalition in the NMBM, deemed it fit to respond to what is in the public domain involving the saga surrounding the appointment of the NMBM Municipal Manager which culminated to unfortunate incidents as mentioned in the subject matter.

Up-front, as the coalition partners, we condemn in strongest terms possible the conduct of the four public representatives including officials mentioned in the subject matter, Executive Mayor Eugene Johnson, Deputy Mayor Mafaya, MMC Lawrence Troon, Legal services Nobuntu Mpongoshe and Advisor to the Executive Mayor Siya Mayana which conduct is not healthy in trying to save the reputation of this embattled Municipality.

As the coalition parties who share the responsibility and accountability on the running of this municipality under the banner of coalition, have decided, to, as we hereby do, break our silence on the mess that is obtaining in our beloved municipality.

For the benefit of the public it is only fair that we outline and provide this briefing on the correct sequence of events as opposed to the propaganda that is making rounds in social media, which propaganda is trying to conceal the real issues while lobbying for public sympathy to advance selfish agendas.

You will all recall that during the start of the COVID 19, Mrs Noxolo Nqwazi was an acting City Manager per motion that was adopted by Council on 05 December 2019.

Following the nationwide calls of alleged corrupt activities in the procurement of PPEs, the NMBM was one of the municipalities that were proclaimed for investigations by the SIU.

The SIU report was tabled at Council and it is worth mentioning that, in an unusual manner, the Executive Mayor submitted a report to Council, for the Council to resolve to connive with her and Mrs Nqwazi to conceal alleged financial misconduct committed by Mrs Nqwazi per the SIU report.

The majority of Councillors, in a meeting held on 16 March 2022, resolved that Mrs N Nqwazi be called upon to account for her deeds under the SIU report.

Immediately after that, the Council started to degenerate and while the Council was in this state, the Executive Mayor tabled a report recommending the appointment of Mrs Nqwazi to the position of a City Manager.

Minutes of the Council proceedings reveal that indeed, there was no quorum when this decision was taken and therefore no decision taken in contravention of Section 30 of the Local Structures Act, 117 of 1998, could be purported to exist. Mrs Nqwazi as a senior official is expected to know this and advise her partner the Executive Mayor accordingly.

Having noticed this error, the Speaker of Council, advised the Executive Mayor, in writing, that she must not implement this erroneous decision as the error would be brought to the Council attention.

The Executive Mayor ignored this and continued to conclude an ultra vires contract with Mrs Nqwazi.

On 23 March 2022, the Speaker convened the meeting and prayed to Council that it rectify the error, which the Council did and thereby resolving to appoint Mr Qaba to act.

Following that meeting, the official Mrs Nqwazi, entered the political terrain and terminated the services of the Speaker, Clr Van Niekerk.

In the best interest of the smooth running of the Council, as the parties to the coalition, we engaged Clr Van Niekerk, who agreed with us, that he must not avail his services as the Speaker of Council pending final determination on his standing in his party. We are vindicated that our decency paid off when Mr Van Niekerk and others won the court case on 07 June 2022.

The Executive Mayor and Mrs Nqwazi undermined the Council resolution of 23 March 2022 and harassed and prevented Mr Qaba from performing his duties as an acting City Manager. To the extent of desperation, the Executive Mayor assumed the powers she does not have and terminated the services of Mr Qaba.

Her decision was set aside by the courts of law. The Executive Mayor’s actions exposed this municipality to fruitless and wasteful expenditure.

Once more, Mrs Nqwazi approached the court on an urgent bases, purporting to be representing the municipality, for the court to declare the acting appointment of Mr Qaba invalid.

Once more, she lost the case. Of importance in this judgement is the directive by Judge Goosen that Council must correct the stalemate of the City Manager.

Once more the municipality suffered from fruitless and wasteful expenditure as a result of Mrs Nqwazi ‘s conduct.

With, the directive from Judge Goosen that Council resolve the City Manager Saga, in a meeting presided over by the office of the Honorable MEC for Local Government and traditional affairs on 02 June 2022, Councillor Buyeye was duly elected as a Speaker of that Council meeting, which meeting resolved to appoint Mr Ngoqo as a City Manager.

It is worth mentioning that the Executive Mayor, the author of a report on appointment of City Manager, that was tabled to inquorate Council on 16 March 2022, was amongst the Councillors that voted for Mr Ngoqo.

At this point, it is worth dealing with misleading statements regarding appointment of Mr Ngoqo as follows:

a) Prohibition/illegibility of Mr Ngoqo for appointment as a City Manager.

People, including Mrs Nqwazi keep on raising a ten year penalty period as a prohibiting factor in appointment of Mr Ngoqo. As a simple arithmetic, Mr Ngoqo who was dismissed on 07 February 2012, completed ten years of his dismissal on 07 February 2022.

On the date of Council sitting ie 02 June 2022, 10 years expired by efluxion of time and for those people to keep on raising this matter in the public domain is just a mischievous propaganda.

b) Alleged, failure by Mr Ngoqo to disclose his dismissal.

We have been reliably advised that there was no such, instead the interviewing panel interrogated him about this and he responded to the satisfaction of the panel members. This fiction is raised mischievously to paint a picture of chaotic Governance and to conceal the real anarchy and corruption in the office of the City Manager as aided by the Executive Mayor

c) It is worth mentioning that, at the time of processing applications for the position of a City Manager, Mrs Nqwazi was an Acting City Manager.

d) That the Councillors appointed Mr Ngoqo without being exposed to documentation is not correct as the Mayor, included, in the agenda of 16 March 2022, a report on appointment of City Manager. The notice of meeting for the Council meeting of 07 June 2022, which was moved at the instruction of the Executive Mayor to 02 June 2022, directed Councillors to bring agenda for pending items.

As the parties to the coalition we learnt on Monday 06 June 2022 that Mrs Nqwazi was interdicting the implementation of the Council resolution of 02 June 2022. We were equally happy with the actions of Municipal officials to instruct Adv. Msizi to defend the intended interdict.

We learnt with great shock that the Executive Mayor interfered with administration and instructed the officials to concede to averments by Mrs Nqwazi and to tender costs.

This conduct by Executive Mayor is tantamount to gross interference in administration and is contravention of Schedule 1 of the Local Government Municipal Systems Act, 32 of 2000, which regulates the Code of Conduct for Municipal Councillors.

Powers to litigate were delegated to the City Manager in 2015. It was never precedented that the Executive Mayor would assume administrative powers and instruct Municipal officials in the manner in which she was conceding of having issued an instruction to Municipal officials, in a recording that went viral.

We have been advised, that the unfortunate altercations occurred in the process of the colleagues seeking clarity from the Executive Mayor elected by coalition government on whether this undesirable state of affairs did intact unfold.

Once more we condemn, the arrogance and hooliganism that was displayed by the public office bearers in public but at the same time we will call upon the Speaker of Council to detail a report to Council on how this saga arose and upfront we commit to deal with this matter in the next sitting Council meeting.

As the members of this coalition we are concerned about disregard of the Municipal Council by the Executive while collaborating with Ms Nqwazi to plung this municipality to administrative and financial chaos.

To the extent that we have been elected by the residents of this metro, we love this metro and we will protect it from the massive looting that is similar to what brought the Chris Hani District Municipality and other municipalities to the dire state that they found themselves in.

We pledge to you the communities of this metro that we will uphold and implement the rule of law without fear or favour and that Mrs Nqwazi, will, just like any other official account for her wrongful deeds, whether, cushioned by the Executive Mayor, or not.

Issued by Bloc Parties in coalition with the ANC: NA, AIC, GOOD, DOP, PAC, AIM, UDM.

Related: Not Good at All Councillors, Not Good at all

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Alan Straton

Chief Cook, Bottle Washer and Broom Mechanic at MyPE
Passionate about Port Elizabeth and definitely NOT packing for Perth. Alan's ethos is epitomised in the words of Nelson Mandela; "I have fought against white domination and I have fought against black domination. I have cherished the idea of a democratic and free society. If need be, it is an ideal for which I am prepared to die." See more articles by Alan.