Election of Nelson Mandela Bay mayor declared unlawful

Co-operative governance MEC Xolile Nqatha has declared Bhanga’s election during a chaotic council sitting on Friday as “wrongful, unlawful and null and void”.

The marathon sitting was marred by chaos and drama when three men barged into council chambers and forcefully removed speaker Buyelwa Mafaya.

Patriotic Alliance (PA) councillor Marlon Daniels was subsequently elected acting speaker.

But Nqatha says Daniels’ election as acting speaker was wrong because it was not presided over by acting city manager Mandla George or an official from Cooperative Governance.

“The department has received a report from the acting city manager about the proceeding of 4 December in the council,” says spokesperson for the Eastern Cape Department of Cooperative and Traditional Affairs Makhaya Komisa.  

“The report clearly shows that the election of acting speaker by councillors to preside over the election of the executive mayor was done in contravention of terms of section 36 (3) of local government.”  

Komisa says the whole process was thus unlawful.   

“Neither the acting city manager nor person designated by MEC presided over the election of acting speaker on 4 December. The election of the acting speaker was therefore wrongful, unlawful, null and void, all his actions on that day were null and void that includes presiding over the election of the executive mayor.” 

Nqatha has also directed Mafaya to convene a special council meeting to elect a new a mayor.