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The Democratic Alliance (DA) has requested that national and provincial government intervene after the unlawful "appointment" of a permanent City Manager in Nelson Mandela Bay.

Last night, 16 March 2022, the ANC-led Coalition of Chaos government purported to appoint the former Acting City Manager, Noxolo Nqwazi, as permanent City Manager at a council meeting that did not quorate. The meeting should therefore not have been allowed to continue and renders Nqwazi’s appointment unlawful.

This was preceded by chaotic scenes during which Luvuyo Magalela was elected as Acting City Manager in Nqwazi’s absence. This voting process was riddled with irregularities.

The voting process was flawed and fraudulent in that the voting numbers were incorrectly stated by the Speaker. The Speaker claimed the result of the voting to be 59 for Magalela’s appointment, and 59 against. He then used his casting vote to declare Magalela appointed.

However, this result was mathematically impossible as two councillors were absent, while another was outside the venue. The correct figure, taking into account the councillor outside the venue, is 59 against and 58 in favour. No casting vote was required.

Magalela’s appointment was, therefore, unlawful and the DA will be investigating laying criminal charges regarding this.

The ANC-led coalition government decided to proceed with the meeting, but the DA and other political parties left the venue as the meeting would be presided over by an illegitimate and unlawful Acting City Manager.

Despite the fact that the meeting no longer quorated, the Speaker proceeded to call for a vote on the appointment of the City Manager. This led to Nqwazi’s unlawful "appointment".

I have written to the Minister of Cooperative Governance and Traditional Affairs (CoGTA), Nkosazana Dlamini-Zuma, and the EC MEC for CoGTA, Xolile Nqatha, and requested the minister to direct the Council to rectify and regularise the matters of concern. Urgent intervention is needed in order for the Municipality to avoid incurring unnecessary fruitless and wasteful expenditure. (see letter here)

The DA will not allow the ANC-led coalition to bring further ruin on the people of Nelson Mandela Bay.

Issued by DA NMB Caucus Leader, Cllr Rano Kayser