Trollip legal bid flops
NELSON MANDELA BAY: MEETING THAT OUSTED HIM WAS INQUORATE – DA
Judge Huisamen stated in his judgment that the party was in breach of its own constitution.
The United Democratic Movement’s (UDM) Mongameli Bobani is the legitimate mayor of Nelson Mandela Bay after the Democratic Alliance and its coalition partners, Congress of the People and the African Christian Democratic Party, lost their application in the High Court in Port Elizabeth yesterday.
The DA and its coalition partners wanted the court to review or declare unlawful the decisions taken at the August 27 council meeting at which then mayor Athol Trollip was ousted.
The DA is also liable for the costs of the application.
The court battle arose over a technicality around DA councillor Victor Manyati’s party membership after he publicly stated he would resign.
The new local government in Nelson Mandela Bay, comprising the UDM, ANC, United Front and the African Independent Congress, with the support of the Economic Freedom Fighters, insisted at the time that there was a quorum, with 61 councillors in the house.
The DA, however, walked out saying there was no quorum because Manyati’s membership had ceased with immediate effect based on his public comments.
The court pointed to “flaws in the political decision-making of the DA” .
Judge Johann Huisamen stated in his judgment that in terms of the DA’s own constitution the party guaranteed the rights of its members to the principles of fair process. He found that the party was in breach of its own constitution.
“Insofar as the DA persisted with their contention that Manyati’s