Court papers in Bobani/Trollip matter

IN THE HIGH COURT OF SOUTH AFRICA

(EASTERN CAPE LOCAL DIVISION OF THE HIGH COURT, PORT ELIZABETH )

CASE NO.: …………………….

In the matter between:

UNITED DEMOCRATIC MOVEMENT                                       1^st Applicant

MONGAMELI ELLCOTTE BOBANI                                           2^nd Applicant

and

THE NELSON MANDELA

BAY METROPOLITAN MUNICIPALITY                                1^st Respondent

THE SPEAKER OF THE MUNICIPAL COUNCIL            

OF NELSON MANDELA BAY METROPOLITAN

MUNICIPALITY                                                                     2nd Respondent

THE CITY MANAGER OF NELSON MANDELA

BAY METROPOLITAN MUNICIPALITY                            3rd Respondent

EXECUTIVE MAYOR OF NELSON MANDELA

BAY METROPOLITAN MUNICIPALITY                              4th Respondent

AFRICAN CHRISTIAN DEMOCRATIC PARTY                   5th Respondent

AFRICAN INDEPENDENT CONGRESS                                  6^th Respondent

AFRICAN NATIONAL CONGRESS                                         7^th Respondent

CONGRESS OF THE PEOPLE                                                 8^th Respondent

DEMOCRATIC ALLIANCE                                                     9^th Respondent    

ECONOMIC FREEDOM FIGHTERS                                     10^th Respondent

UNITED FRONT                                                                                 11^th Respondent

PATRIOTIC ALLIANCE                                                         12^th Respondent

MARLON DANIELS                                                                13^th Respondent

NQABA BHANGA                                                                   14^th Respondent

NOTICE OF MOTION

PART A

TAKE NOTICE that the above-named applicants intend to make application to this honourable court on Monday the 18 September 2017 or soon thereafter as counsel for the Applicant may be heard for relief in the following terms:

1. Dispensing with the forms and service provided for in the Uniform Rules of court, directing that Part A of the application be heard on an urgent basis in terms of Uniform Rule of Court 6 (12), and condoning non-compliance with the Rules.

2. Pending the final determination of Part B, the following interim orders shall issue:

• the First Respondent be and is hereby interdicted and restrained, pending the final determination of the relief sought in Part B hereof, from implementing the decision of the First Respondent taken during its Council meeting of 24 August 2017 that the Second Applicant be removed from the office of Deputy Executive Mayor.
• That the Second Applicant, Mongameli Bobani, is reinstated in his position as Deputy Executive Mayor of the First Respondent as of 24 August 2017.
• That the 130^th respondent be reinstated in her position as the Strategic Manager: Executive Support in the Office of the Deputy Executive Mayor.
• That the costs hereof be ordered to be costs in the cause, alternatively, that the costs be reserved for determination at the hearing of the relief sought in Part B hereof.
• Further and/or alternative relief.

TAKE NOTICE that the applicant has appointed the offices of Wikus van Rensburg Attorneys, 36 Western Road, Central, Port Elizabeth, Tel. No. 041 582 2205 as the address at which the Applicants will accept notice and service of all documents and process in these proceedings.

TAKE NOTICE that if you intend opposing this application you are required to appoint in such notification an address referred to in Rule 6 (5)(b) at which you will accept notice and service of all documents in these proceedings, and that you are further required to notify the Applicants’ attorneys in writing by no later than Friday 1 September 2017 at 14h00 of your intention so to do.

TAKE FURTHER NOTICE that you are required to file your answering affidavit, if any, on or before 8 September 2017 at 14h00.

TAKE FURTHER NOTICE that the Applicants will file their replying affidavits on Wednesday 13 September 2017 at 14h00.

TAKE FURTHER NOTICE that the Applicants will enrol the matter for hearing by this honourable court on Monday 18 September or so soon thereafter as the matter will be heard, in respect of the relief sought in terms of Part A of the notice of motion.

TAKE NOTICE that the accompanying affidavit of Mongameli Bobani and annexures thereto will be used in support of this application.

PART B

TAKE NOTICE that, within three weeks of the determination of the relief sought in Part A hereof, the above-named applicants intend to make application to this honourable court, alternatively, to institute action for final relief in the following terms:

1. That the introduction of a notice of motion of no confidence in the Deputy Executive Mayor of the Council of the first respondent by Marlon Daniels, the twelfth respondent, at a meeting of 24 August 2017, is declared to be unconstitutional and unlawful ab initio and is accordingly finally reviewed and set aside;
2. That the acceptance of a notice of motion of no confidence in the Deputy Executive Mayor of the Council of the first respondent by the Speaker, the second respondent, at a meeting of 24 August 2017, is declared to be unconstitutional and unlawful ab initio and is accordingly finally reviewed and set aside;
3. That the voting by councillors of the first respondent on a motion of no confidence in the Deputy Executive Mayor of the Council of the first respondent, at a meeting of 24 August 2017, is declared to be unconstitutional and unlawful ab initio and is accordingly finally reviewed and set aside.
4. That the decision by the council of the first respondent to pass the notice of motion of no confidence in the Deputy Executive Mayor of the Council of the first respondent at a meeting of 24 August 2017, is declared to be unreasonable and irrational and accordingly was unconstitutional and unlawful ab initio and is accordingly finally reviewed and set aside.
5. That the second respondent, Mongameli Bobani, is finally reinstated in his position as Deputy Executive Mayor of the First Respondent as of 24 August 2017.
6. That the First Respondent together with those Respondents who oppose this application, jointly and severally, pay the costs of such application.
7. Further and/or alternative relief.

DATED AT PORT ELIZABETH ON THIS 31^TH DAY OF AUGUST 2017

WIKUS VAN RENSBURG ATTORNEYS

PER: WIKUS VAN RENSBURG

Applicants Attorney

36 Western Road, Central

Port Elizabeth

Tel: 041 582 2205

TO:              THE REGISTRAR OF THE HIGH COURT

               EASTERN CAPE

PORT ELIZABETH     

AND TO:    MUNICIPAL COUNCIL OF THE NELSON MANDELA BAY MUNICIPALITY.

AND TO:   The 2^nd  to 130^th Respondents

City Hall, Vuyisile Mini Square

Govan Mbeki Avenue, Port Elizabeth.

AND TO: The MEC: Cooperative Governance and Traditional Affairs

State Attorney

29 Western Road, Central, Port Elizabeth