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The latest refusal by the MEC for Cooperative Governance and Traditional Affairs (CoGTA), Xolile Nqatha, to preside over a Nelson Mandela Bay Council meeting, yet again proves that he is effectively placing the Metro under administration and contributing to political instability, chaos and non-existent service delivery.

Today, 26 May 2022, the DA Caucus in NMB joined the majority of parties in not attending a council meeting after the MEC's refusal to preside over, or to second an official to preside over the meeting.

The DA had written to the Mayor and the MEC, stating that given the legal uncertainty about the City Manager’s appointment, and the litigation regarding the Speaker, a council meeting would only be legal if it is presided over by the MEC or a seconded official. Thereafter, an Acting Speaker can be legally elected. This was the same legally compliant process followed when the adjustments budget was passed at the council meeting of 26 April 2022.

Failing to conduct the meeting in such a manner would open any decisions taken by council to legal challenges and would further add to the chaos in council.

The MEC communicated that he would not preside or second an official to preside over the meeting of Monday 23 May 2022.

On Tuesday 24 May 2022, a notice was sent late that evening, informing councillors that the meeting of 23 May 2022 would proceed on Thursday, 26 May 2022.

Yesterday, 25 May 2022, at a multi-party briefing meeting, the DA once again highlighted the importance of a legally compliant council meeting.

The MEC was present at this meeting and he informed all parties present that he would not preside or second an official to preside over today's council meeting.

After the MEC had left the meeting, parties resolved that the Chief Whip of Council and the Executive Mayor would engage the MEC again to reconsider his decision, as his actions were adding to the instability in the Metro and rendering council unable to function. The DA also wrote to the MEC urging him to reconsider his position to preside.

The failure of the MEC to second an official means that the DA could not attend today's council meeting. If such a meeting proceeds and the election of an Acting Speaker is presided over by either the City Manager or the Acting City Manager, any decisions made would be open to legal challenges, as their legal ability to preside is in question.

The DA is ready and willing to deal with the important matters that are on the council agenda – but the meeting must be conducted in a manner that is above legal reproach. Our intention is to bring stability to council, so that services can be delivered to residents. We will not participate in actions that will further muddy the waters.

Issued by  DA NMB Caucus Leader Cllr Rano Kayser