Port Elizabeth High Court Judge Dayalin Chetty on Tuesday ordered that the United Democratic Movement’s (UDM) urgent application to have Mongameli Bobani reinstated as Nelson Mandela Bay deputy mayor be struck from the roll.
The UDM had launched a civil application in the high court to interdict and restrain the municipality from implementing the August 24 decision to remove Bobani.
The UDM want Bobani reinstated as deputy mayor, saying that the vote, which removed him from office, was unconstitutional and unlawful.
Bobani was ousted at a council meeting with 60 votes from the Democratic Alliance (DA), the African Christian Democratic Party (ACDP), Congress of the People (Cope) and the Patriotic Alliance (PA). He was accused of undermining the administration by voting with the African National Congress (ANC) on several occasions.
Opposition parties, including the Economic Freedom Fighters (EFF) and the ANC walked out of council chambers while the motion of no confidence was in progress.
Executive Mayor Athol Trollip earlier said that a forensic draft report had cited serious allegations of maladministration, involving departments directly under Bobani’s political authority, namely the public health directorate. Bobani has since been axed by Trollip from the department.
In a letter to DA leader Mmusi Maimane, UDM leader Bantu Holomisa accused the DA of “dubiously” using a “draft report” by PricewaterhouseCoopers (PwC) to engineer Bobani’s exit.
Holomisa demanded a public apology and for the DA to withdraw “unsubstantiated accusations” against Bobani.
At the time Holomisa said that it was “suspicious” that Nelson Mandela Bay coalition partners and council had been kept in the dark on the contents of the draft report.