Mongameli Bobani now faces court action and no-confidence vote


Nelson Mandela Bay mayor Mongameli Bobani is battling on a number of fronts, with former corporate services boss Vuyo Zitumane going to court to demand documents for her R500,000 defamation lawsuit against him and the DA gearing up to table a motion of no confidence in him.
UDM president Bantu Holomisa has, meanwhile, demanded an explanation from the Hawks about how sensitive information pertaining to allegations of corruption against Bobani landed in the hands of the media.
On Monday, The Herald revealed the bombshell affidavit of a Hawks investigator, in which he details how about R646,000 was allegedly paid into Bobani’s account between April 2014 and May 2015.
The money was paid by Heerkos Projects, owned by Port Elizabeth businessman Fareed Fakir, which is accused of siphoning off money meant for the Integrated Public Transport System (IPTS).
In the affidavit, Hawks investigator Captain Henk Fourie alleged there was an “evident corrupt relationship” between Bobani and Fakir.
The mayor is, meanwhile, facing legal pressure from Zitumane as she tries to clear her name after Bobani allegedly labelled her as corrupt.
Zitumane will be heading to the Port Elizabeth High Court on Tuesday to force Bobani to submit documents she believes he has in his possession pertaining to her appointment at the Bay municipality.
She wants him to pay damages of R500,000.
Zitumane said on Monday: “I want [the case] to get to its conclusion so that I can be vindicated. I want it to get to its logical conclusion.
“We cannot allow this to happen – if we don’t fight this, other people’s lives could also be destroyed.” .
Zitumane categorically denied any corrupt activities on her behalf.
Her attorney, Gerald Friedman, said they would ask the court to order Bobani to produce the documents allegedly containing information exposing Zitumane as being corrupt.
“What he [Bobani] is really saying is that the opinions he receives about her [Zitumane] appointment are privileged.
“Obviously, he doesn’t want us to see them and for obvious reasons,” Friedman said.
Bobani’s lawyer, Zolile Ngqeza, said he had not been able to get hold of Bobani to consult with him before commenting on the case.
Meanwhile, Holomisa posted a letter on his Facebook page that he sent to the Hawks, saying he believed Bobani was being tried in the media.
In the letter to Hawks General Godfrey Lebeya, he wrote: “I request an investigation and explanation from the Hawks as to how a confidential investigation affidavit was made available to [The] Herald contrary to the provincial spokesperson’s views that the Hawks are unable to release information.
“Kindly also furnish my office with a copy of the affidavit and explain the relationship between your office and [The] Herald.
“Whilst I do not condone any acts of impropriety, I question that the information was shared with [The] Herald prior to judicial processes taking place, especially since mayor Bobani alleges that the Hawks failed to take a statement from him.
“My understanding of the criminal process is that guilt is determined through the criminal justice system after having had regard to the evidence presented during that process and not by the media stuffing up investigative endeavours at the cost of our justice system.
“I will deal with the irregular publication by [The] Herald on receipt of your reply to this letter.”
Approached for comment, Holomisa said: “Given that this so-called investigation of Bobani is in the public [domain], we would urge both Hawks and [The] Herald to publish the bank transactions as reported by your paper.
“Such a step would hasten the UDM’s action on Bobani, but if you guys hide the information, the public will doubt your paper’s integrity.”
The DA is hoping to appeal to Holomisa’s conscience to get him to act against Bobani.
DA Eastern Cape leader and Bay councillor Nqaba Bhanga said they would lobby other political parties to support their bid, saying Bobani could not continue as mayor with serious allegations of corruption hanging over his head.
“I hope this will make Holomisa open his [eyes] and act against Bobani.
“The UDM needs to save residents of the city from the hands of Bobani, from breaking down the financial stability of the city,” Bhanga said.
Asked if a motion was feasible as the Bay DA was battling its own internal problems with councillors turning against the party, Bhanga was adamant that it was possible.
With three of its councillors having recently turned against the party, the DA only has the support of 54 of its councillors out of a council of 120.
With the support of the ACDP and COPE, which each have one seat, the party would still not be able to pass a noconfidence motion against Bobani unless at least five councillors from the other parties – the ANC, EFF, UDM, AIC, United Front and Patriotic Alliance – support the motion.
Bhanga said they would engage smaller parties such as the AIC and the EFF.
“This isn’t about personalities, this is about the interests of the people of the city.
“This misunderstanding with Holomisa can be resolved.
“There are people in the ANC with a conscience – we are mobilising even within the ANC those who have a conscience to vote with us.”
Approached for comment on Monday, Bobani laughed and asked if the DA had the numbers to pass a no-confidence motion against him.
He then asked for all the questions to be sent to him in writing, but failed to respond.

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