ACDP opens fraud case against council speaker

ACDP councillor Lance Grootboom has opened a case of fraud against Nelson Mandela Bay speaker Buyelwa Mafaya for cancelling Thursday's council meeting “under false pretences”.

Grootboom opened the case at about midday on Friday at the Humewood police station in Port Elizabeth.

Early on Thursday morning, councillors received messages informing them the council meeting had been cancelled “per the advice from SAPS of a high security risk associated with this meeting”.

Police provincial commissioner Lieutenant General Liziwe Ntshinga later issued a statement refuting the claim, saying they were ready to maintain law and order.

Hours later, Mafaya backtracked in an interview, saying the director in her office had made a mistake when sending out the message to councillors, adding she had received advice from the city's safety and security department.

At Thursday's meeting, the council was meant to debate a motion of no confidence against mayor Mongameli Bobani.

In his affidavit to police, Grootboom said the cancellation had robbed councillors of an opportunity to debate the matter.

“In terms of the law the meeting had to proceed.

“The purpose of the special council meeting was to pass a motion to remove the executive mayor and appoint executive directors.

“But because the meeting was cancelled, I and other councillors who signed the petition were denied the opportunity to do so,” Grootboom said.

“According to the SMS text message I received from the speaker, the meeting was allegedly cancelled on the advice of the police.

“This was a misrepresentation, apparent from Lieutenant-General Ntshinga’s statement.

“The cancellation of such an important council meeting, under false pretences, that by law had to proceed materially, undermines the governance of our city, the constitution of SA, and our democracy and the rule of law.

“I require the  police look into this matter,” Grootboom said.

Mafaya said she was not aware a case had been opened against her.

She said she would alert her lawyers once she was notified.

“I am not a legal fundi and I don't know how this is fraud.

“I honestly wrote to councillors about the situation.

“When they arrived at the Wool Board [building] they couldn't enter as I had cautioned them.

“This means my caution was genuine.

“I am not even worried [about the case] because it means that my caution was relevant and genuine,” Mafaya said.

Police spokesperson Colonel Priscilla Naidu confirmed a case of fraud had been opened.