In a surprising turn of events, Eastern Cape Cooperative Governance and Traditional Affairs MEC Xolile Nqatha said in court papers he never intended to dissolve the Nelson Mandela Bay council.

In court papers filed after the Democratic Alliance (DA) challenged Nqatha's intent to dissolve council, the MEC said he did not have the authority to dissolve a municipal council.

Nqatha said his intention was to recommend that the provincial executive council direct the council to elect a mayor and appoint a municipal manager.

News24 previously reported that Nqatha had alerted the municipality of his intention to place it under administration.In doing so, he said he would invoke section 139(1) of the Constitution. In a letter, which News24 has seen, Nqatha said the decision was based on the persistent failure of the metro to fill the mayoral position that was vacant for more than six months.

Other reasons included the appointment of an unqualified official to act as a municipal manager and National Treasury's threat to withhold funds due to the municipality.

In the letter dated 21 July, Nqatha wrote to acting mayor Thsonono Buyeye that the metro should advance its representation to support or oppose this step within seven days. He said he would approach the provincial executive council about his intent.

"It is appreciated that the municipal council elected Buyeye to be an acting mayor. The acting mayor is never intended to be indefinite and it has long been necessary to fill the vacancy. The continued non-filing of the position of an acting executive mayor has a bearing on the fulfilment of responsibilities that are outlined in terms of Section 56 of the Local Government: Municipal Structures Act," Nqatha wrote.

In court papers responding to the DA, however, Nqatha said neither he nor the executive council threatened the council with dissolution.

"The failure to fulfil executive obligations can be rectified by less intrusive measures, there never was any question, and the applicants should have realised this, of the dissolution of council pursuant to provisions of section 139 (1) (c) of the Constitution," he argued.

In a bid to force the speaker of council Buyelwa Mafaya to call an elective council meeting, the DA approached the Eastern Cape High Court in Port Elizabeth. The case was heard on Tuesday.

This came after the United Democratic Movement's (UDM's) Mongameli Bobani was booted out as mayor through a vote of no confidence in December.

He was removed after his alliance with the African National Congress (ANC's) and the so-called black caucus fell apart. Bobani's removal led to a vacuum in the metro, forcing the ANC to vote in his deputy, Buyeye, as acting mayor.

National Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma wrote to Nqatha in June and instructed him to report back within seven days on why there had been a vacancy in the mayoral position.

This after the DA's Nqaba Bhanga called on the minister to investigate the Nelson Mandela Bay council. The metro had also been in hot water with National Treasury, which threatened to withhold more than R800-million of its grant funding.

In a letter to the metro, Deputy Finance Minister David Masondo said Treasury withheld the remaining equitable share and conditional grants over the legality of the appointment of acting municipal manager Mvuleni Mapu because of serious charges he once faced, City Press reported.

The appointment of Mapu was heavily criticised by some opposition councillors, including the DA, which threatened court action.