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Smaller parties support for corrupt City Manager collapses coalition talks in NMB

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Dear Editor

The support by certain smaller parties of the BLOC (AIM, UDM, AIC, DOP, GOOD) for a corrupt individual for the position of Nelson Mandela Bay City Manager, has dealt a hammer blow to the formation of a new coalition government.

Over the last few weeks, the Democratic Alliance (DA) has been involved in negotiations with these parties, as well as the ACDP, Freedom Front Plus, PAC and NA, aimed at forming a new coalition government to remove the inept and corrupt ANC from power in Nelson Mandela Bay (NMB).

We have negotiated in good faith and a coalition agreement was drafted and agreed to by all parties.

Yesterday, 2 June 2022, parties were discussing the allocation of portfolios on the Mayoral Committee. The BLOC of smaller parties were determined to shift focus to the removal of the City Manager (CM), Dr Noxolo Nqwazi. The DA cautioned that this would give rise to a vacancy which needed to be addressed. It was clear that the BLOC of smaller parties favoured Mr Lonwabo Ngoqo for the position.

Ngoqo was found guilty on four out of seven counts of serious financial misconduct, in relation to an unlawful land deal, during his time as Municipal Manager of the Bitou Municipality from March 2008 to February 2012. The land was valued at R2,4 million, but under Ngoqo’s watch, Bitou paid R23 million for it.

Ngoqo was dismissed in February 2012 after a seven-month suspension. A senior manager found guilty of serious misconduct cannot be employed by a municipality for a period of 10 years. (See Government Gazette – NO 36223 dated 7 March 2020)

In 2019, Ngoqo was unlawfully appointed for a second stint as MM of Bitou, by the then ANC-led coalition. This appointment was later set aside by the Labour Court and Labour Appeal Court. Last year, the Constitutional Court also dismissed an application by both Ngoqo and the Bitou Municipality for leave to appeal.

Throughout the application and selection process for the position of CM, Ngoqo never disclosed the previous charges against him and the selection panel also failed to do its due diligence in this regard. The selection process was also conducted within 10 years of the suspension period.

In the meeting of 2 June 2022 we made it clear that we could not support Ngoqo as he had been found guilty of serious financial misconduct and is not fit to serve in the position.

We also stressed that our coalition talks would collapse should the BLOC pursue this appointment. It was then agreed that another suitable person could be appointed as acting CM in the interim.

In spite of this agreement, these previously mentioned BLOC parties, with the assistance of the ANC, went to a council meeting yesterday and rescinded Nqwazi’s appointment and illegally appointed Ngoqo in her place.

The DA, ACDP and Freedom Front Plus voted against the appointment.

The process undertaken by council to “revoke” the decision to appoint Nqwazi is procedurally non-compliant with legislation and the council rule that it purports to rely on; Section 59(3) of the Systems Act.

Prior to the meeting, councillors were provided with a legal opinion by Adv. Graham Richards on the implications of any attempt by council to “vary or revoke” the decision to appoint Nqwazi without taking the requisite legal action to do so in the high court first. The opinion made it very clear that the decision would be unlawful and could be set aside by a court. The council decision would likely give rise to a settlement agreement between the Metro and Nqwazi – and councillors who supported the illegal decision could be held personally liable for any fruitless and wasteful expenditure.

The DA believed that we were making progress towards establishing a new coalition government in NMB, in the interests of all residents.

But we cannot continue negotiations with a group of individuals who have broken faith with us and acted in such an unethical way.

All residents of Nelson Mandela Bay will now pay the price of the results of the 2021 election, where the balance of power was given to a range of smaller parties, most of whom have now shown their true colours.

The DA will remain in opposition to expose corrupt manipulation, an example of which was seen in the Council yesterday. We will work hard to get an overall majority to form a government, and rescue Nelson Mandela Bay at the next election.

Regards

Cllr Rano Kayser
DA NMB Caucus Leader

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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.