Bobani was illegally removed from office, court hears
He and axed acting city boss Nobuntu Mpongwana are contesting their removal from office.
Mongameli Bobani and attorney Lionel Trichardt at the Port Elizabeth High Court on Thursday. PHOTO: ANA Reporter
Marinda Veldsman argued in defence of axed Nelson Mandela Bay (NMB) mayor Mongameli Bobani in the High Court in Port Elizabeth on Friday that he was illegally removed and that acting NMB mayor Thsonono Buyeye was illegally appointed.
Bobani and axed acting city boss Nobuntu Mpongwana are contesting their removal from office.
Although Mpongwana was not removed from her role but stepped down from her position moments before the unexpected axing of Bobani, she has joined him as the second applicant in requesting the court to grant their request to have the case heard as an urgent matter.
Veldsman questioned their removal from office and argued that should the court find that Bobani’s removal was unlawful, all decisions taken since would have to be set aside and that this was why the court should view the matter as urgent.
Judge Lisa Ntsepe told the court Mpongwana resigned. Veldsman replied by saying her resignation was not accepted and council was not aware of the resignation.
“A resignation can never be in effect if the employer did not accept it,” Veldsman argued, adding that there was no resignation and council, therefore, needed to provide her with a notice before her exit.
The court heard from the DA’s lawyer, Ben Ford, how notice was provided to Bobani in August and October as well as the last week of November.
The matter continues in court.
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