I have taken notes of the disputes, both factual and legal, which have arisen regarding the appointment of the acting Speaker and Executive Mayor of the Metropolitan Municipality on 4 December 2020.
I have also taken note of the stances adopted by various persons and political parties with regard to the aforesaid appointments. The MEC for Cogta has also, publicly, expressed certain views in this regard.
Having considered the matter, and having sought and obtained independent legal advice, it is clear that it is not in the interests of the Municipality for these disputes and uncertainties to remain unresolved.
Under these circumstances I have decided, on advice, that, in my capacity as Acting Municipal Manager, it is necessary to institute proceedings in the High Court for appropriate declaratory relief, including declaratory relief as to the lawfulness or otherwise of the aforesaid appointments.
All interested persons and parties will be cited in those proceedings for declaratory relief, and all interested persons and parties will therefore have an opportunity to place their respective versions and contentions before the High Court.
To that effect, the current Executive Mayor elected at the Council meeting on 4 December 2020 will remain and discharge his responsibilities until such time that the Court can decide otherwise. I have not taken this decision lightly but I am convinced that this is the correct way to find the appropriate closure on the matter in order for the Municipality to focus on service delivery excellence and good governance.
The proceedings for declaratory relief in the local High Court, will be instituted on a semi-urgent basis early in the New Year.
NMB Communications
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