The appointment of Nelson Mandela Bay City manager Dr Noxolo Nqwazi during a chaotic council meeting in March was the culmination of fraudulent activity with speaker Gary van Niekerk misrepresenting the vote count.
This is according to the EFF in Nelson Mandela Bay, who on Sunday opened a case of fraud against the council and its custodian, Van Niekerk.
Bay EFF chair Khanya Ngqisha said the party wanted police to investigate the events of a March 16 council meeting which resulted in the appointment of electricity and energy boss Luvuyo Magalela as acting city manager, and, later, Nqwazi’s appointment as city manager.
“The case is against council or the speaker of council at that particular time, who [allegedly] pronounced fraudulent results; this suppresses a process which should be free and fair,” Ngqisha said.
“It can never be that in a council, when there is a democratic process, that process is suppressed and fraudulent results are then pronounced.”
Ngqisha, who has been vocal on the matter at council meetings, said on Sunday that the meeting of March 16 was not quorate.
“The true reflection of the numbers was actually 59 people who voted against, and 58 who voted for, but the speaker pronounced that it was 59 for and 59 against — a tie.
“The evidence is in the minutes because it is mathematically impossible: We know which councillors were there.
“It was not a secret ballot but done through a show of hands, and that process was blatantly cheated,” Ngqisha alleged.
He said more than half of the council had left the venue, meaning council was not quorate.
“The minutes state there was no quorum because most of the councillors had already left the venue."
An extract of the chaotic council meeting, seen by The Herald, indicates that while the vote was underway, 57 councillors were seated in the chamber. It is unclear how many, if any, were still in the room while leaving the venue.
"The rules of council state clearly that when there is no quorum you cannot continue with the meeting, especially the election of a city manager.”
Ngqisha said anyone appointed at that meeting should not have been appointed as this is “tantamount to fraud”.
Ngqisha was referring to the confidential session of the March 16 council where Magalela was appointed acting city manager for a moment.
Nqwazi was subsequently appointed full-time city manager at the same chaotic meeting while some councillors were walking out.
A week later, the council appointed Anele Qaba as acting city boss during another council meeting at the Gqeberha City Hall.
Due to this, the city had two city managers, a situation high court judge Glenn Goosen described as “bizarre” before ordering the council to resolve the matter.
Later the council booted out Nqwazi and appointed controversial Bitou municipal manager Lonwabo Ngoqo, but Nqwazi turned to the courts to interdict the appointment. The matter is still in court.
On Sunday, Van Niekerk said the number he had pronounced at the meeting was given to him by officials in charge of note taking, also known as the “secretariat”.
“I am not the counter; I was only the messenger,” Van Niekerk said.
“The number I pronounced was also verified by the director in my office [Dumisani Mbebe] and CFO Selwyn Thys.”
Police spokesperson Colonel Priscilla Naidu confirmed a case of fraud had been opened at the Humewood Police Station on Sunday morning.
HeraldLIVE