Nelson Mandela Bay Mayor Gary Van Niekerk emerged victorious in his legal battle against the City Manager Noxolo Nqwazi, that played out in the Gqeberha High Court on Wednesday afternoon.
Van Niekerk and his fellow National Alliance (NA) party member, Stag Mitchell, dragged Nqwazi to court after she informed the Independent Electoral Commission (IEC) that their seats as councillors had been declared vacant.
Nqwazi informed the IEC of the vacancies after Van Niekerk and Mitchell were kicked out of the party by an alleged rogue group of the party following a disciplinary hearing earlier this month.
Judge Denzel Potgieter made an order interdicting Nqwazi from declaring the vacancies.
This means that it's business as usual for Van Niekerk and Mitchell in their respective roles as councillors.
Judge Potgieter's order is binding - with immediate effect.
Van Niekerk, described the ruling as a victory for good governance.
"The decision by Judge Denzil Potgieter to grant an interdict against the filling of vacancies, illegally declared by phantom representatives of the National Alliance, in collusion with the fraud-accused city manager, is a victory for good governance.
"The turmoil created by their deceitful and backward action was deliberately inflicted on the executive of the Nelson Mandela Bay Municipality, its administration and indirectly, its residents to derail disciplinary against Dr Noxolo Nqwazi, Van Niekerk said.
The question as to who the National Alliance's rightful leadership is will be decided during a separate case at a later stage.
NA member Japie Jansen still firmly believes that he is the party's rightful leader.
