Bobani turns to courts in attempt to be reinstated as NMB deputy mayor

Mongameli Bobani has turned to the courts in an attempt to be reinstated in his position as deputy mayor of Nelson Mandela Bay‚ HeraldLIVE reported on Thursday.

Bobani‚ a member of the UDM‚ was voted out in a motion of no confidence last week by coalition partners the DA‚ PA‚ ACDP and COPE‚ while opposition parties walked out of the meeting.

In a lengthy affidavit filed with the Port Elizabeth High Court on Thursday‚ Bobani said the motion of no confidence tabled against him was unconstitutional and should accordingly be reviewed and set aside.

“The provisions of section 160(3) of the Constitution are mirrored by Rule 18.1 of the Rules of Order adopted by the first respondent on September 6 2007‚ which Rules regulate meetings of the Council‚” said Bobani‚ explaining that a quorum of the Council or a Committee of the Council should constitute a majority (50% plus 1) of all Councillors or Councillors who are members of that Committee as the case may be.

“A majority of council members of the Municipality were not present when the motion of no confidence was voted on by the members of council on August 24.

“Accordingly‚ the vote was unconstitutional‚ and that unconstitutional decision must urgently be set aside. In consequence of the unconstitutional conduct as aforesaid‚ a senior official of the first respondent was prejudiced and the position has been left vacant as a result.”

The papers cite all 120 councillors as respondents.