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The Eastern Cape High Court has dismissed the Democratic Alliance and its coalition partners’ application challenging the legality of the council meeting that ousted Athol Trollip as executive mayor of Port Elizabeth.
Judge Elna Revelas passed down the ruling on Thursday after having reserved judgment last week.
The court also ruled that Mbulelo Manyati – the sole councillor to abstain during the motion of no confidence and then was ostracised by the DA – was still legally a DA councillor until he chose otherwise.
The DA and its coalition partners were also ordered to pay legal costs of the defendants in the two matters.
The DA’s argument was that the procedure that was used to remove Trollip was not in accordance with the Municipal Structures Act, and also argued that he was nominated by his constituency and not the councillors, ironically a similar argument that was used by Patricia de Lille when she was challenging her ousting by the DA in the Western Cape High Court.
Trollip survived numerous votes of no confidence before eventually being removed as mayor of Nelson Mandela Bay by a coalition between the ANC, Economic Freedom Fighters and United Democratic Movement in August.
The seat of executive mayor of Nelson Mandela Bay has since been occupied by the UDM’s Mongameli Bobani.
UDM leader Bantu Holomisa celebrated the DA’s loss of their urgent motion saying “they must now prepare for 2020 if they want to run that municipality again”.
Holomisa also congratulated advocates Dali Mpofu and Tembeka Ngcukaitobi who represented the coalition that removed Trollip from office.
Speaking after the judgment outside the court, Trollip said he accepted the ruling but was still committed to changing people’s lives in Nelson Mandela Bay.
“We made a promise to the people of Nelson Mandela Bay that we will stop corruption, create jobs and deliver services. We delivered on that promise. We will regroup and continue the charge,” said Trollip.
There was a heavy police presence outside the Port Elizabeth High Court as the police anticipated clashes between the opposition factions following the judgement.
