mongameli bobani nmb mator

Photo: Twitter / Mongameli Bobani

Take a chill pill: PE court dismisses Bobani’s urgent interdict with costs

Ousted Nelson Mandela Bay mayor Mongameli Bobani’s lawyer said the DA may have an advantage over them for now, but he who laughs last, laughs the longest.

mongameli bobani nmb mator

Photo: Twitter / Mongameli Bobani

Bobani was taught a hard lesson about the virtue of patience on Thursday when the Port Elizabeth High Court dismissed his urgent interdict application with costs.

Mongameli Bobani suffers early blow in court battle against DA

As reported by The Citizen, the court upheld Judge Lisa Ntsepe’s initial ruling that time was needed to consider the merits of the case and weigh the eligibility of the Nelson Mandela Bay (NMB) council’s vote to axe Bobani.

In absentia, Ntsepe reminded Bobani that because his interdict application does not comply with the provisions of Rule 6(12), it was not urgent.

“The application for an interim interdict as set out in Part A of the applicant’s Notice of Motion is dismissed with costs.”

Judge John Smith on behalf of Judge Lisa Ntsepe, Port Elizabeth High Court

The costs that are due to the DA’s legal counsel will be paid by both applicants, Bobani and former speaker of the NMB council, Nobuntu Mpongwana.

Bobani’s lawyer, Danie Gouws, told EWN that the DA may have an advantage over them for now, but he who laughs last, laughs the longest.

“Part A of the case deals with the urgencyy and part B with the merits of the case, and the court found that the matter wasn’t urgent enough to be heard by the court now.

“He [Bobani] is going to fight to be reinstated, that’s our instruction and how we are moving forward. Mr Bobani is quite concerned about the municipality at this stage,” Gouws said.

Why was the UDM-loyal mayor ousted in the first place?

The application was brought to the high court after the NMB council unanimously voted Bobani out of power. At the time, Bobani’s relationship with coalition partners had soured.

Members of the EFF and ANC had described him as a “loose cannon” and a “madman” hell-bent on dismantling “the entire executive structure of the municipality”.

The mayor approached the court, claiming that the axing was gone about unlawfully. He criticised the council for going ahead with a motion that:

  • Did not have a city manager; and
  • That was not on the agenda.

Acting city manager Nobuntu Mpongwana joined Bobani in the court application, claiming that she too was unlawfully removed from her position.

Interestingly, though, Mpongwana had left the council and tendered her resignation shortly before the motion was voted on.

‘We will get a new trial date’

Asked what the next step is, Bobani’s lawyer revealed that the fight to reinstate the axed mayor was far from over.

“We will serve papers on 15 January and a few days will be given to them to answer back and then we will get a new trial date. Hopefully, we will back in court by end of February,” he said.