The ACDP wants Nelson Mandela Bay Babalwa Lobishe to table a legal opinion that has recommended suspended city manager Noxolo Nqwazi either be reinstated or given a golden handshake.
A council meeting is scheduled for 10am on Thursday.
On Wednesday, ACDP councillor Lance Grootboom submitted a motion of exigency to the speaker's office, requesting the opinion written by advocate Olav Ronaasen SC be presented to council.
The opinion was commissioned by the council to deal with the long-running disciplinary case against Nqwazi.
“The municipality has obtained a comprehensive legal opinion regarding the disciplinary proceedings and criminal charges involving the suspended municipal manager,” he said.
“Despite its importance, the legal opinion has not yet been tabled before council for discussion or resolution,” Grootboom's letter.
On Monday, The Herald published details from the legal opinion, which, among other things, stated that it would be financially irresponsible to pursue prolonged disciplinary proceedings.
Ronaasen's leaked opinion, dated July 17, was intended to be debated at a council meeting last week but was never tabled, and copies were not formally distributed to councillors or coalition parties.
This is reportedly because some of the city’s top political leaders were unhappy with the opinion’s recommendations.
Grootboom said the council's continued silence on a matter may erode public confidence.
He said the municipality had had the opinion for a week. Despite this, it has not been presented for consideration.
“It is therefore both urgent and appropriate that council be allowed to ventilate, deliberate, and make an informed decision based on the contents of this opinion.
“Such a failure [by Lobishe and acting city manager Ted Pillay] constitutes a gross irregularity, as it undermines the principles of transparency, accountability, and good governance.
“If proven, this omission may amount to a dereliction of statutory duty, and those responsible could be held accountable in terms of applicable local government legislation,” Grootboom said.
The Herald
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