The Port Elizabeth High Court has dismissed ousted Nelson Mandela Bay mayor Mongameli Bobani’s urgent application to have his ousting set aside with costs.
Judge John Smith, who read acting Judge Lisa Ntsepe’s judgment, ruled that the matter was not urgent enough and should be put back on the court roll.
Bobani’s defence, Danie Gouws, said Ntsepe’s ruling merely ruled on the matter not being urgent enough to determine the merits of the matter.
A ruling on the merits of the matter will be made in another court, explained his legal team.
Bobani is contesting his recent removal where he was voted out through a vote of no confidence.
While in court, he thanked his legal team and noted that the judge only dismissed the urgency of the case. He maintains his defence will leave no stone unturned and will continue debating the merits of the matter in court.
“We want all merits to be debated in court and will leave no stone unturned.”
He was unseated by a majority of councillors, together with axed acting city boss Nobuntu Mpongwana. This has resulted in his legal team lodging an urgent application to have the matter pushed up on the court roll.
Bobani claims the decision to remove him was unlawful and that he was not provided with adequate notice in terms of the municipal act.