Law firm says NMB mayor is playing games with court

A law firm fired by the municipality has accused Nelson Mandela Bay mayor Mongameli Bobani of playing games with the court in an affidavit he was not even entitled to give.

Hitting back in court papers for the last time before the matter is due to be argued in the high court in Makhanda on Thursday, Gray Moodliar Inc highlighted what it claimed are the mayor’s biggest untruths.

The disgruntled law firm is challenging the termination of its services by the municipality and has asked that the matter be dealt with on an urgent basis.

Bobani had filed an opposing affidavit.

Taking exception to the first paragraph in Bobani’s answering affidavit, law firm director Sureshni Moodliar says: “The deponent to the answering affidavit merely states that he is the executive mayor of the municipality, but does not say that he is duly authorised to represent the municipality.”

Moodliar said this omission was significant, because Bobani was in fact not authorised to do so.

Moodliar said in terms of Section 59 of the Systems Act, this was the duty of the city manager.

But, it would appear, then acting city manager Peter Neilson had turned the tables on Bobani, instead submitting an affidavit detailing just how desperate he had been to fire the firm.

Moodliar said Bobani’s affidavit was riddled with claims that were simply not believable.

In other instances, he was willing to make statements on matters he had no knowledge of.

In an interview, Bobani said on Wednesday he was confident the municipality would be successful in the court bid.

“If it had not been for the council meeting, I would have been in court,” he said, adding that Gray Moodliar did not have a case.

“I have read their wishywashy papers based on your articles,” he said.

“Gray Moodliar try and portray a picture of me.

“They refer to matters not related to the gist of this case.

“But we are saving the city and its ratepayers hundreds of millions by not using their firm,” Bobani said.

Moodliar, meanwhile, said it could not be believed that Bobani did not know about:

The municipality’s internal audit report of June 8 2015, which touched on his relationship with businessman Fareed Fakir, who is accused of colluding with officials to loot the municipality’s bus system;

The criminal charge laid against him by suspended city manager Johann Mettler; and

The charges, in turn, levelled against Mettler, ultimately leading to his suspension.

“If this is true [and he did not know], it amounts to a gross neglect of his responsibilities,” Moodliar said.

Moodliar said the audit report, highlighting his relationship with Fakir was largely a matter of public record and part of the municipality’s records.

“We did not breach privilege attached to that report but merely invited the mayor to state the contents of the report for the record, which he declined to do.

“It is not believable that the executive mayor is unaware of the criminal charge laid against him by Mettler since his attorney, Danie Gouws, is quoted [in The Herald] as saying on his behalf that the charge is a ‘baseless and unfounded allegation and appears to be trial by media while also appearing to be politically motivated’.”

Moodliar further draws the court’s attention to a letter addressed to Mettler – and signed by Bobani – in which he is informed of his suspension and of the internal charges against him. Mettler was suspended for misconduct with the allegation made against him by Bobani when he was still an ordinary councillor.