It is alleged that Bobani is linked to fraud, corruption and money laundering related to the integrated public transport system. (Gallo)
The motion of no confidence that ousted Nelson Mandela Bay deputy mayor Mongameli Bobani had no factual or legal basis, Bobani says in court papers filed in the Port Elizabeth high court on Thursday.
After months of tension between Democratic Alliance and United Democratic Movement leaders in the region, the UDM has now taken the battle over Bobani’s axing to court to determine its legality.
The party has asked the court to “interdict and restrain” the municipality from implementing the August 24 decision to remove him from his post. The DA has accused Bobani of undermining the coalition agreement by voting with the ANC in the metro on numerous occasions.
In his affidavit, Bobani argues that the vote by councillors on a motion of no confidence against him was unconstitutional and unlawful, and should therefore be set aside.
“I had not been formally accused of any wrongdoing, nor had I been convicted of any wrongdoing. I had accordingly not been granted any opportunity of defending myself, nor was I given the opportunity to be even heard in my own defence,” says Bobani in court papers.
The motion of no confidence was brought by Patriotic Front councillor Marlon Daniels and was seconded by DA councillor Nqaba Bhanga.
The ANC, the Economic Freedom Fighters and the African Independent Congress opposed the motion and started walking out during the voting. As a result, when the vote was conducted there were 119 councillors present in the chamber.
Sixty councillors from the DA, the Patriotic Front, the African Christian Democratic Party and the Congress of the People voted for the motion of no confidence in Bobani.
Bobani maintains the council meeting that resulted in his ousting did not meet quorum requirements.
“When the motion of no confidence in me as deputy executive mayor was tabled, the 50 members of the ANC, the six members of the EFF, the two members of the UDM and the one member of the AIC stood up and informed the speaker that they would not form part of the voting and decided to leave the council chamber,” says Bobani in his submission.
“The speaker of the municipality proceeded to count the votes in favour of the motion to remove me as deputy executive mayor, whilst the exodus of members from the chamber of the council was in progress,” Bobani adds.
Bobani also argues that at the time leading up to his removal, he was not provided with the report commissioned by DA mayor Athol Trollip in order to investigate allegations of corruption in his department.
“Mr Trollip had made the innuendo that a certain forensic report by PwC contained damning evidence of financial irregularities and/or corruption against me. This report was never provided to me, nor did its authors ever interview me prior to the compilation of the draft report. I dispute that the report could have contained any evidence of corruption or financial irregularity against me because insofar as I am concerned, none exists,” says Bobani.
“I have no alternative other than to approach this honourable court on an urgent basis for interim relief in the form of an interim interdict pending the determination of the final interdict … interdicting and restraining the implementation of the council resolutions taken in the council meeting,” Bobani adds in court papers.