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Eastern Cape Local Government MEC, Mlibo Qoboshiyane has ordered Nelson Mandela Metro to reverse a council decision to sack acting municipal manager Temba Hani.
He also instructed Council speaker, Maria Hermans, to convene a Council meeting within 3 days to reverse the decision which he described as illegal and without legal standing.
Qoboshiyane warned that failure to convene the Council meeting will lead to drastic action against the Councillors who took part in passing what he said was an illegal resolution.
The MEC also warned that he is considering court action to reverse the decision to sack Hani.
Last week ANC councillors supported a Democratic Alliance motion of no confidence in Hani who was effectively sacked as a result of the vote.
Commenting, DA caucus leader in the Metro, Leon de Villiers, says he believes Qoboshiyane has no power to circumvent council.
He says while the MEC can seconde people to the municipality, the appointment of a senior official like the municipal manager can only be taken by Council.
"Our understanding is the MEC is quite entitled to seconde Mr Hani to this metro, however the MEC cannot seconde him into the position of acting municipal manager, it is very clear from the systems act that only council can appoint an acting municipal manager and that must be done on the tabling on the report of the executive mayor" de Villiers said.
Meanwhile, other opposition parties, COPE, UDM, ACDP and PAC have lodged an urgent application in the PE High Court for an interdict to get Hani out of his office.
Hani, in defiance of last week's Council resolution, continues to hold office, albeit illegally according to the opposition parties.
