- The EFF's deputy president has told the party's Nelson Mandela Bay caucus to stay away from the mayoral election.
- Floyd Shivambu accused the so-called black caucus of having stolen municipal resources.
- The DA's lawyers have threatened to institute urgent legal action if a mayoral election is not held.
EFF deputy president Floyd Shivambu has sent a letter to their Eastern Cape leadership, instructing its caucus in the Nelson Mandela Bay council to "completely stay away from the process of election of a new mayor".
In the letter, seen by News24, Shivambu said EFF councillors must not attend the council sitting to elect a mayor and not field any candidate for the position of mayor or any other position in the municipality.
"The Provincial and Regional Leadership is guided to make sure that each and every Councillor is made aware of this communication so that each Councillor should be in a position to take individual responsibility for this decision. We have previously communicated that the Caucus in Nelson Mandela Bay must not participate in the activities and politics of the so-called Black Caucus," he said in the letter, dated 28 July.
Shivambu added that the EFF believed the so-called "black caucus" was an association to steal resources from the municipality. The black caucus included the ANC, EFF, UDM, AIC, UF and PA.
Shivambu said:
Party spokesperson Delisile Ngwenya said the decision was made because there is no worthy candidate from any of the political parties that seek to be elected as mayor, adding that it is a concern for the state of the metro that informs this.
"We certainly do share the view that the metro should be placed under administration up until such a time a free and fair election can be held, where voters can be given an opportunity to decide who leads them.
"The Covid-19 situation has revealed the glaring lack of capacity to provide service delivery by those leading the council and, until such a time where an election can be held, they must be relieved of their powers," she said.
This comes as the DA's lawyers have sent a letter to speaker Buyelwa Mafaya, in which it threatens to institute urgent legal proceedings and seek an order compelling her to call an urgent meeting to elect a new mayor.
In the letter, DA legal representatives from Minde Schapiro & Smith say the party will seek punitive costs against Mafaya for failure to comply with her obligations as speaker.
The development came after Eastern Cape Cooperative Governance and Traditional Affairs MEC Xolile Nqatha wrote to acting mayor Thsonono Buyeye to announce his intention to place it under administration.
In doing so, Nqatha said he will 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 has been vacant for more than six months.
Other reasons include the appointment of an unqualified official to act as municipal manager and National Treasury's impending invocation of Section 216(2) of the Constitution.
In the letter dated 21 July, Nqatha wrote to Buyeye that the metro should advance its representation to support or oppose this step within seven days.
"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-filling 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 December, the UDM's Mongameli Bobani was booted out through a vote of no confidence.
He was removed after his alliance with the ANC 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.
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 came after the DA's Nqaba Bhanga called on the minister to investigate the Nelson Mandela Bay council.
The metro has 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 he once faced serious charges, City Press earlier reported.
The appointment of Mapu was heavily criticised by some opposition councillors, including the DA, which threatened court action.
In a letter to Nqatha, Bhanga said any attempt on his part to dissolve the council, without first exhausting measures which would be less destructive to democracy, would be unlawful.
"Such measures include those in terms of Section 106 of the Systems Act, clause 14 of the Codes of Conduct, and issuing directives in terms of Section 139(1)(a) of the Constitution.
"Should you unlawfully dissolve the Council we hold instructions to seek urgent relief and a punitive costs order against you. We do trust however that this will not be necessary," the letter read.