DA vindicated in challenging Qaba’s MBDA appointment

The DA notes with grave concern as well as satisfaction the front page article “Qaba’s CV out of sync with fat salary judge,” (The Herald, April 10).

The position which the DA has held in this matter in terms of the complicity of the board of the MBDA and by extension the mayor, Gary van Niekerk, in the unlawful appointment of Anele Qaba as the CEO of the MBDA has been vindicated.

Judge Jannie Eksteen found that the decision of the board to appoint Qaba was not rationally connected to the information before them and was unlawful.

This finding in the judgment handed down by the court exposes the deliberate and unlawful manoeuvres of various parties in the appointment of Qaba.

This process was a longterm plan to entrench the influence of Van Niekerk in all spheres and budgets of the Nelson Mandela Bay municipality commencing with his insistence on payment of a R3m “golden handshake” to Qaba who was facing disciplinary action at the time, all the while already planning for his appointment as the CEO of the MBDA.

Despite Qaba having left the service of the NMBM under a cloud and never having cleared his name, evidence was presented by councillor Retief Odendaal on July 20 2023 that Van Niekerk was allegedly not only aware that Qaba would be applying for the position of CEO of the MBDA but that he allegedly would also utilise his political influence over the chair of the board, Glenda Perumal, to ensure the appointment of Qaba. All this transpired prior to the conclusion of the “golden handshake” to Qaba.

The exposure of the unlawful practices of parties acting to the detriment of the NMBM and its residents is a victory for justice but also a travesty of same as had the parties attended to their duties in good faith and not for their own benefit the pockets of the residents would not be hurt again.

The seriousness with which the court considers their actions is proved by it ordering the various parties to pay the costs of the matter personally.

Unfortunately, this is somewhat hollow satisfaction as the entity of the MBDA is itself one of the parties ordered to pay costs and the costs of all parties if paid by one is satisfied in total.

As such, it is certain Qaba and the MBDA board members will utilise the coffers of the MBDA itself to satisfy the costs order made by the court, the money of the people of the city.

The DA will do everything in its power to prevent this from occurring and is at present studying the judgment as to whether charges may be brought against the various parties in terms of the provisions of the Companies Act due to their conduct herein. Councillor Morne Steyn, DA NMB deputy caucus leader