Bobani loses urgent court bid to be reinstated as mayor, ordered to pay costs

2019-12-19 11:10
Mongameli Bobani. (Netwerk24)

Mongameli Bobani. (Netwerk24)

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An application for an urgent court interdict brought before the Port Elizabeth High Court, last week has been turned down by acting judge Lisa Ntsepe.

The bid, brought by ousted Nelson Mandela Bay Executive Mayor Mongameli Bobani and former acting city manager Nobuntu Mpongwana, was for the purpose of overturning the decisions made by the Nelson Mandela Bay council meeting held on December 5.

Bobani was removed from his position through a vote of no confidence on December 5. Although Mpongwana was not removed, she stepped down from her position moments before the unexpected axing of Bobani, she joined him as the second applicant in the case.

READ | Nelson Mandela Bay mayor Bobani booted out through no-confidence motion

Ntsepe’s judgement was delivered by Judge John Smith, in her absence and states as follows:

Smith said it is not necessary to consider the remaining legal issues which in any event stand for determination by the review court.

“The following are in order – The application does not comply with the provisions of Rule 6(12) and is thus not urgent,”

“The application for an interim interdict as set out in Part A of the applicant’s Notice of Motion is dismissed with costs (which costs are to include the employment of two Counsel on behalf of the first respondent)”

“The applicants are liable for the costs jointly and severally,” said Smith.

The sponsor of the motion which saw Bobani ousted, Morne Steyn of the Democratic Alliance, said he was elated with the judgement.

“Obviously the merits were not considered at this stage, but we believe the merits are very strong, so we’re confident we will win the second part,”

He said the application was a desperate attempt by Bobani to cling to power he is not entitled to.

Steyn said, - “The city suffered under his leadership, we’re very happy the court made these decisions and we will be ready to review any matters going forward,” said Steyn.

Bobani said he is satisfied with the work done by his legal team.

“I want to thank Danie Gouws and his team who put a very strong case on the matters brought before court, on my behalf,”

He said he is not discouraged by the judgement because it only ruled on the matter of urgency and not the merits.

“We will not any stones unturned, we want all the merits to be debated in court – we will not oppose the judgement because it is only on the urgency and the merits of our application with regard to the motions,” said Bobani.

Legal representative for the duo, Danie Gouws said their application will now be taken to the normal court roll.

Read more on:    mongameli bobani  |  port elizabeth  |  politics  |  courts

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