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Newly elected Nelson Mandela Bay Mayor, Nqaba Bhanga, said Eastern Cape Cooperative Governance MEC, Xolile Nqatha, would have to go to court to unseat him.
He was responding to Tuesday’s letter from Nqatha who said Bhanga's election at a drama-filled Special Council Meeting on Friday was unlawful.
In the letter, the MEC said this was because neither the acting City Manager nor a person designated by him had presided over the election of the acting Speaker and therefore the election of Patriotic Alliance councillor, Marlon Daniels, was unlawful because the Speaker (Buyelwa Mafaya) had not resigned.
“All the actions on that day were null and void, especially to preside over the election of the Executive Mayor,” the MEC said.
Mafaya had been forcefully removed from the Council chambers during the meeting by three men which was caught on cell phone video. She later logged into the meeting, purportedly from a hospital, to postpone the meeting.
She also said that she would be laying charges but as of Monday, no charges had been laid with the police.
In a statement, the ANC Regional Task also condemned the mayoral election, referring to the “desperation of the DA and its allies to declare Bhanga the Executive Mayor."
But, hitting back on Tuesday, Bhanga pulled no punches, accusing the MEC of not knowing the law.
He said the only way Nqatha could unseat him was to get a court to set aside his election or for the ANC to bring a successful motion of no confidence against him.
This was supported by DA Provincial leader, Andrew Whitfield, who said: “The elections of the Mayor and Acting Speaker were administrative actions and cannot be overturned based on the say-so of the MEC.”
“If MEC Nqatha believes the process was flawed, he must approach the courts to request a judicial review,” he added.
Bhanga, meanwhile said that he was focussed on the fight against Covid19 and turning the city around, adding that he had already disbanded the previous mayoral committee and withdrawn their vehicles.
He said he would be appointing his own team soon.
"I am willing to fight off any attempt which is aimed at further destabilising this City," he add.