Nelson Mandela Bay Council Speaker, Buyelwa Mafaya, has seven days from Thursday to convene a Council meeting where a mayor must be elected.
This order was given in judgment on Thursday by Judge Irma Schoeman following an application from the Democratic Alliance.
She also ordered that Mafaya, as first respondent and the Municipality, should pay the legal cost of the application.
DA Provincial leader and mayoral candidate, Nqaba Bhanga, says the ruling is not only a victory for them but also a victory for democracy and the long-suffering residents of Nelson Mandela Bay.
Since the application was lodged, the acting current city manager, Mvuleni Mapu, was arrested and charged with fraud.
The council subsequently failed to sit for a scheduled meeting on Tuesday.