The High Court in Gqeberha, Eastern Cape, is poised to deliberate on the matter involving Nelson Mandela Bay mayor Gary van Niekerk and fellow National Alliance councillor Stag Mitchell as they file an urgent application seeking to interdict the Independent Electoral Commission (IEC) from replacing them in Council.
The anticipated legal proceedings follow the recent declaration of vacancies by City Manager Noxolo Nqwazi last week, which raised concerns about the legality of their removal.
Van Niekerk and Mitchell have contested their potential replacements, asserting the illegitimacy of any such actions. The roots of the conflict stem from their discord with the opposing faction of the National Alliance, led by the third councillor of the party, Bevan Brown.
The disagreement escalated as Van Niekerk and Mitchell found themselves summoned before the disciplinary committee for allegedly tarnishing the party’s reputation. In response, they promptly filed an application seeking to prevent their appearance before the committee, but the court ruled against them.
Despite their absence, the disciplinary committee proceeded to expel them from the party. Subsequently, the rival faction formally corresponded with Nqwazi, prompting the declaration of vacancies in their respective positions within the council.
Ousted Northern Alliance leadership alleges elective conference was illegitimate