Democratic Alliance (DA) councillor Mpho Phalatse has won a court bid declaring her ousting as Johannesburg mayor through a vote of no confidence on 30 September, unlawful.
The court has declared that the council Speaker’s decision to place a motion of no confidence against Phalatse was unlawful, unconstitutional and invalid.
The Johannesburg High Court also found that the election of Dada Morero as Joburg mayor was unlawful and invalid.
Phalatse challenged her ousting before the Gauteng High Court on October 19, arguing trough her legal representative, Carol Steinberg SC, that the decision of the programming committee on September 29 to place a motion of no confidence in her on the agenda for the next day’s extraordinary council meeting, was unlawful as it did not quorate.
The DA lost control of the City after Phalatse was voted out of office last month through a motion of no confidence by small coalition parties backed by the African National Congress (ANC).
The ANC regional chairperson Dada Morero was voted in unopposed as the new mayor of the City of Johannesburg.
The high court heard arguments in the case last week, with the newly elected Joburg council Speaker Colleen Makhubele opposing the application brought by the DA.
On Tuesday, Judge Raylene Keightley ruled that the DA’s court application was urgent “as contemplated by Rule 6 (12) and the usual forms, manner of service and time period set out in the Uniforms Rules of Court”.
Keightley ruled that the decision by Makhubele to schedule for the motion of no confidence on 29 September 2022, was unlawful and invalid.
The decision taken by Makhubele during the programming committee meeting has been reviewed and set aside.
“The decision taken by the sixth respondent (Makhubele) on 30 September 2022 to elect the fourth respondent (Dada Morero) as the executive mayor of the City of Johannesburg is declared unlawful, unconstitutional and invalid.”
Source: The South African, The Citizen, Business Day, Eyewitness News, image from Twitter: @Hlabirwa_Bro