Bobani case struck off roll

United Democratic Movement (UDM) leader Bantu Holomisa, pictured, wants to know why ousted Nelson Mandela Bay deputy mayor Mongameli Bobani’s founding affidavit went “missing” in the Eastern Cape High Court in Port Elizabeth.

The UDM launched a civil application in the high court to interdict the municipality from implementing the August 24 decision to remove Bobani.

But yesterday, the court ordered the UDM application be struck from the roll on the basis that it is not urgent.

The application will now have to be refiled and is expected to be brought before court at a later date.

The application, which lists 132 respondents, including 119 councillors of the municipality, the speaker, the city manager and each political party, was heard by Judge Dayalin Chetty.

“In the meantime, the UDM will approach the chief justice with a request to investigate why the UDM’s founding affidavit had gone missing from Judge Chetty’s file,” said Holomisa.

“What must we read into this? The fact that the document seemingly disappeared into thin air must be investigated.”

During court proceedings, Chetty raised concerns as to why Bobani’s founding affidavit had only been placed in front of him shortly before 9am yesterday.

“Even though it was signed on August 31, it was only filed in this court on September 14… any explanation for that?” he asked.

The motion of no confidence that removed Bobani was brought by the Patriotic Alliance’s Marlon Daniels and was supported by the Democratic Alliance, Congress of the People and the African Christian Democratic Party.

Opposition parties including the ANC and the Economic Freedom Fighters walked out of council chambers while the motion was in progress.

The UDM says that the vote which removed Bobani from office was unconstitutional and unlawful. – ANA