By Lehlohonolo Lehana.
National Alliance (NA) leader Gary van Niekerk will remain as Nelson Mandela Bay mayor after a successful court action challenging his ousting from office.
This follows the Electoral Commission of South Africa (IEC) directive that the party has 35 days to fill two seats, including that of Van Niekerk, the executive mayor.
The municipality manager Dr Noxolo Nqwazi declared vacant the seats of Van Niekerk and his mayoral committee member for Safety and Security, John Mitchell, citing correspondence from their party, the National Alliance.
Van Niekerk then rushed to court to interdict the IEC from officially declaring the two positions vacant.
Judge Denzil Potgieter issued an interdict on Wednesday to prevent his seat – and that of fellow councillor Stag Mitchell – from being declared vacant by the city manager, and their membership of the National Alliance from being terminated.
Nqwazi acted on the strength of a letter received by her from a rival faction within the National Alliance. The party is beset by internal problems and currently has two opposing sets of leaders.
Judge Potgieter, who heard the first part of a case brought by Van Niekerk and Mitchell, said it was in the interest of justice that he make an immediate ruling and provide reasons later.
He ruled that pending a judicial review of the decision by Nqwazi to declare the vacancies of the two councillors, the Electoral Commission was interdicted from amending its records showing that Van Niekerk and Mitchell’s seats were vacant.
The interdict was part A of the application.
In part B, Van Niekerk wants the court to establish the legitimacy of the two NA structures in the Nelson Mandela Bay metro as well as and the congress that elected the leaders of the party’s faction that expelled them.
Van Niekerk, who was elected as Nelson Mandela Bay mayor in May, said he remained the leader of his party.
The mayor also reiterated that he believed Ngwazi declared the vacancies to avoid her possible removal.
“We will keep on going to court every time she does this, but it’s all to do with the disciplinary action that we have instituted against her. On Friday, there should be a special council meeting we will be convening just for the one item to deal with a possible suspension,” Van Niekerk said.
Nqwazi was arrested by the Hawks in October 2022 for her alleged role in the unlawful signing off of a R24-million tender for toilets to be installed in informal settlements. The tender was awarded during the pandemic-related National State of Disaster.
Nqwazi is standing trial with the metro’s former human settlements director Norman Mapu; Nelson Mandela Bay ANC regional secretary Luyolo Nqakula; businessman Xolani Masela and his spouse, Nwabisa; and former DA councillors Trevor Louw, Neville Higgins and Victor Manyathi.
Neither the ANC nor the DA won enough seats in council to rule after the 2021 local government elections and must be in a coalition government to remain in power.