The High Court in Gqeberha will hear an urgent application filed by mayor of the Nelson Mandela Bay Metro, Retief Odendaal and the DA.
This is for interim relief against the decision by the provincial CoGTA MEC, Zolile Williams, to implement section 12 of the Municipal Structures Act in the metro.
Williams gazetted the implementation of it earlier this month, changing the governing system from a Mayoral Executive System to a Collective Executive System.
Under the new system, parties with majority seats will form a structure that will take decisions on behalf of the municipality while the mayor becomes ceremonial.
Odendaal wants the interim relief from the court pending the outcome of his main application challenging the decision by Williams.
Williams says amending Section 12 in the metro is in the interest of the residents and not about party politics. He says he is confident the court will rule in his favour.
“The power to determine the type of municipality rests with the provincial government. The IFP and DA took the government to court for the Western Cape and KwaZulu-Natal earlier on and the Constitutional Court is clear no body can question the powers of the provincial government to introduce a type of municipality in its provincial jurisdiction, this is a tried and tested case.”
