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Grahamstown High Court judge, Motilal Rugunanan, has dismissed an application by Nelson Mandela Bay acting mayor Tshonono Buyeye, to prevent Bhisho from intervening in the Metro.
He issued the order on Tuesday in a 14-page judgment on Buyeye's application, challenging the decision by the MEC for Cooperative Governance and Traditional Affairs, Xolile Nqatha.
Last month Nqatha wrote to the acting mayor notifying him of his decision to invoke Section 139 (1) of the Constitution to take over the running of the administration of Nelson Mandela Bay to allow him to intervene in Municipal matters.
Nqatha said that this was due to, amongst other things, the failure to fill the vacant post of Executive Mayor, appointing “an unqualified official to the position of an acting Municipal Manager” and the failure to address issues raised by the National Treasury.
National Treasury also wrote to the Municipality raising concerns about governance issues in the Metro.
"We welcome the decision of the Grahamstown High Court and we are happy that the matter has finally been concluded," said Makhaya Komisa, the spokesperson for the MEC.
