NMB new coalition partners file court papers
Nelson Mandela Bay’s political bosses have filed their opposing papers to the Port Elizabeth High Court, asking for the case to be dismissed.
In the papers – from mayor Mongameli Bobani, his deputy Thsonono Buyeye, speaker Buyelwa Mafaya and chief whip Bicks Ndoni – they say as far as they are concerned, the meeting where they were elected last Monday was a legal sitting with a 61-member quorum.
The four say former DA councillor Mbulelo Manyati, who sided with the ANC, UDM, AIC, EFF and United Front to quorate the meeting, was still a councillor at the time and thus they had the numbers.
In his answering affidavit, Bobani said city manager Johann Mettler erred by initially declaring Manyati was not a councillor, adding that they made several attempts to get hold of him when he left the council chamber.
He said this is what prompted them to speak to Eastern Cape MEC for Cooperative Governance Fikile Xasa to send an official – Jenny Roestorff - to preside over the meeting.
Bobani wants the court to dismiss the case by the DA and its coalition partners, saying not all 61 councillors who were in the later council sitting were cited as respondents in the case.
He added that the offices of the executive mayor, deputy mayor, speaker, chief whip and mayoral committee members were not cited even though they all have a “substantial interest in the relief” that the DA and others seek.
“Citing the incumbents in their personal capacities is not enough. For this reason too, the application should be dismissed for non-joinder,” Bobani said.
Read court papers below: