The Mandela Bay Development Agency (MBDA) and its chief executive, Anele Qaba, have been granted leave to appeal against a high court judgment that reviewed and set aside his appointment.
Qaba and the board will now approach the Supreme Court of Appeal (SCA).
Gqeberha high court judge Jannie Eksteen had set aside Qaba’s appointment in April, finding it unlawful and based on an error of law.
However, Qaba petitioned the court for special leave to appeal against the decision to the SCA.
On Monday, Eksteen granted the application.
MBDA spokesperson Luvuyo Bangazi said the agency’s board welcomed the judgment
“As Eksteen indicated, there is a reasonable chance another court could arrive at a different conclusion given the complexity of this matter and legal interpretation.
“The judgment vindicates the board and acknowledges the novelty of the case as well as its far-reaching implications for the broader municipal and municipal entity sector.
“The granting of leave to appeal also effectively suspends the earlier judgment until the appeal is finalised, meaning Qaba remains in his position as CEO pending an outcome from the SCA.”
Bangazi said the MBDA would not comment further on the matter because it was now sub judice.
The Nelson Mandela Bay council had agreed to apply for judicial review to invalidate Qaba’s appointment and take the steps required to dissolve the agency’s board on August 22 2023.
The decision followed instructions by finance minister Enoch Godongwana that the city try to recover a R3m golden handshake paid to Qaba in March 2023 to vacate his post as the metro’s economic development boss and contemplate action against the MBDA board for hiring him.
This action included a potential dissolution of the board.
HeraldLIVE
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