PORT ELIZABETH, September 19 (ANA) – Port Elizabeth High Court Judge Dayalin Chetty on Tuesday ordered that the United Democratic Movement’s 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 saying the vote, which removed him from office, was unconstitutional and unlawful.
In dismissing the application Judge Dayalin Chetty, said he could not rule on the merits of the UDM's application at this stage as he had only received additional documents from the applicants today (Tues).
Bobani filed the urgent interdict on the 31 August after he was axed as Deputy Mayor following a motion of no confidence in him brought by the Patriotic Alliance.
Speaking to journalists outside court, UDM lawyer Willie Vermerlen, said the judge only ruled on the urgency of the matter and not the merits of the case.
He said they would bring the matter back in the Port Elizabeth High Court but not on an urgent basis.
"The courts have not ruled on the merit of the matter, only the urgency. The merits are about the motion of no confidence, voting and voting procedures and whether there was a quorum," Vermeulen said.
He said the normal court rules would apply when they bring the matter back to the Port Elizabeth High Court.
Meanwhile, DA Eastern Cape spokesperson, Mlindi Nhanha, said the party was pleased with the court's decision to struck off the urgent interdict.
He said they where confident that the courts would agree with them that the matter was not an urgent one.
Nhanha said the DA will now prepare for the UDM's next court application.
"We are now going to prepare for the day where Bobani takes the matter to court and we are prepared to meet him," Nhanha concluded.
(ANA - additional reporting Algoa FM News)
