By-election held over until fraud appeal is heard
City boss Johann Mettler has withdrawn the notice of vacancy for jailed Nelson Mandela Bay ANC councillor Bongo Nombiba as he is expected to petition a higher court to appeal against his fraud and money laundering conviction.
Mettler confirmed he had withdrawn the notice on legal advice which indicated that while there was an appeal pending, a councillor should not be considered as having been convicted and sentenced.
“If the appeal is not successful, I will declare a vacancy then,” Mettler said.
ANC councillor Andile Lungisa and party caucus leader Bicks Ndoni confirmed that Nombiba would petition the Grahamstown High Court to appeal against his conviction and sentence.
Nombiba was found guilty of defrauding the municipality out of R20 000 in April, which was meant for the Thulamangwane Community Project, a non-government organisation which cares for the elderly and cleans schools in the community.
He was sentenced to an effective five years’ imprisonment.After he was sentenced, Mettler declared the vacancy with the IEC.
Ndoni said they had been approached by Mettler and were told that after applying his mind, he would be withdrawing the vacancy.
“He told us he would declare the by-election null and void. Councillor Nombiba’s case is still in process.”
Meanwhile, lobbying for the Ward 20 councillor position had already begun in the metro and the DA already had four aspirant candidates.
The ANC, EFF and independent candidate the Rev Xolani Tengo all confirmed they would be contesting the by-election.
The process is now on hold pending the outcome of Nombiba’s application for leave to appeal.
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