Nelson Mandela Bay by-election called off

2018-06-06 18:07
Bongo Nombiba. (File, Netwerk24)

Bongo Nombiba. (File, Netwerk24)

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A by-election for Nelson Mandela Bay's Ward 20 that was scheduled for next month has been called off.

The by-election, which was to take place on July 25, was initially declared by the city manager, Johan Mettler, following the conviction and sentencing of ward councillor Bongo Nombiba.

Nombiba received an effective five-year sentence for fraud and money laundering after defrauding the municipality of R20 000 that was meant for the Thulamangwane Community Project, a non-government organisation that cares for the elderly and cleans schools in the community.

Earlier in the week, Nombiba applied for leave to appeal both his conviction and sentence in the Port Elizabeth Commercial Crime Court, but his application was denied.

READ: Mandela Bay councillor convicted of fraud, money laundering denied leave to appeal

His new defence counsel has indicated that they would now be petitioning the judge president of the Eastern Cape High Court in Grahamstown for leave to appeal.

A similar situation arose in the case of provincial ANC heavyweight Andile Lungisa, who was sentenced to an effective two years for assault.

Although Lungisa was denied leave to appeal, he was later granted bail while the appeal process to the High Court was underway.

The council rules state that if a person has a prison sentence that is 12 months or longer they cannot stand as a councillor.

However, last week Lungisa was allowed to attend council meetings as a recognised council member, with speaker Jonathan Lawack saying that the process of removing him would only take place if and when he has exhausted all legal avenues.

Mettler told News24 that the same procedures were applicable for Nombiba, which is why the by-election had been provisionally withdrawn.

Read more on:    port elizabeth  |  corruption  |  politics

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