AlgoaFM News
Nelson Mandela Bay residents will have to foot the bill in the legal battle for the Municipal Manager position, which was waged between Dr Noxolo Nqwazi and former city manager Anele Qaba.
On Tuesday, PE High Court Judge Glen Goosen dismissed, with costs, an urgent application by Executive Mayor Eugene Johnson and Dr Nqwazi, who Johnson supports for the Municipal Manager's post.
Their application sought to interdict Anele Qaba from taking office after he was elected as the Acting City Manager, a week after Dr Nqwazi was elected to the same post during a chaotic Council meeting.
In his ruling, Judge Goosen described the matter as utterly bizarre, saying it's not legally possible for the Municipality to sue itself.
"In light of what I have outlined, a suit (whether action or application) brought by a municipality against its Council is not legally cognisable," he said.
As a remedy to the situation, he told them to go back to the drawing board and review all the decisions taken at the two troubled meetings.
Judge Goosen said the present situation was of grave concern as the ongoing conflict in Council is a matter of public record.
He said that residents of Nelson Mandela Bay are constitutionally components of the municipality.
"This type of situation will undoubtedly cause great harm to the interests of the residents of the municipality," Goosen added.
Several local political parties immediately reacted to Judge Goosen's judgement with the UDM's Yongama Zigebe saying they would consider the court's suggestion.
"It's one of the judgements that sets a precedent going forward, to say that indeed it was absurd for the municipality to sue its own council," said Zigebe.
"The municipality is the one that should be carrying the resolutions of Council and it is unfortunate that the public purse is the one that is going to bear the costs of this application."
The Northern Alliance's Gary Van Niekerk said taxpayers' money should not have been wasted on the application and that Council should ensure that the applicants pay all the costs.
"We are extremely happy with the judgement that the application of the mayor and the so-called city manager has been dismissed," he said. "Anele Qaba is in fact now the acting city manager and that's what we came here to find out," said Van Niekerk.
Executive Mayor Eugene Johnson's office said it was still studying the High Court's ruling and would issue a comment in due course.
