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Home News

Phalatse fights to return to office telling the court her removal was unlawful

Every step followed heading to the removal of Phalatse was unlawful.

Doctor Mahlaule by Doctor Mahlaule
2022-10-20 07:22
in News
Image from Twitter: @mphophalatse1

Dr Mpho Phalatse sitting in court with other members of the Democratic Alliance as she challenges her removal as Joburg mayor. Photo via Twitter: @mphophalatse1

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Ousted Johannesburg mayor Mpho Phalatse has argued during a court application that she is the lawfully elected mayor of the city and that her removal was unlawful.

Phalatse’s urgent bid to be reinstated to her mayoral position was argued in the South Gauteng High Court in Johannesburg on Wednesday.

This comes after Phalatse was ousted from office through a motion of no confidence brought by minority parties during a special council sitting last month.

The African National Congress’ (ANC) Joburg regional chair Dada Morero, was voted in unopposed as Phalatse’s replacement after the DA-led multi-party government coalition collapsed.

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Arguing for Phalatse, advocate Carol Steinberg told Judge Raylene Keightley that every step which was followed heading to the removal of Phalatse was unlawful.

Steinhof began her arguments by focusing on the programming of the meeting which took place on 29 September 2022.

The meeting was attended by selected council representatives, and the meeting did not quorate because members of the Democratic Alliance and ActionSA walked out of the meeting before discussing the special council sitting.

Steinhof said due to the fact that the “illegal” meeting attended by the newly elected Joburg Speaker Colleen Makhubele and several parties, including the ANC, did not have legal status, it could not justifiably decide on a special council sitting.

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“We submit that it I common cause that there was no quorum and that this meeting was unlawful in terms of the rules. If this decision is bad, the court has to go back to this meeting and deem it unlawful.”

Steinhof argued that councillors were only notified after 18:00 on Thursday that a sitting would occur at on Friday.

Makhubele provided no explanation on why the urgent meeting had to take place and as a result councillors were not given enough time to prepare.

She acted contrary to her duties, Steinhof argued on behalf of Phalatse.

Source: News24, The Citizen, Eyewitness News, image from Twitter: @mphophalatse1

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Doctor Mahlaule

Doctor Mahlaule

Doctor Mahlaule previously worked as a Freelance Journalist at Find-it SA where he was responsible for writing news articles and sharing them on social media platforms. Doctor Mahlaule holds a Diploma in Journalism, BA in Communication Science and a BA Honours in Media Studies. Doctor began his journey as a knowledge Management and Communications Intern at Zenex Foundation. He was responsible for support in event management, social media, website maintenance, writing and brand management. On weekends Doctor attends prison ministry and shares the scriptures with inmates at Krugersdorp prison and plays soccer in the afternoon on some weekends. He has a passion for reading and writing and enjoys going out with friends and socialising in his spare time. He has a one-year-old son and is planning on getting married soon. When asked about what keeps him going, he said: “My family keeps me going. I’m the man I am because I come from a loving home. I have a very supportive family who always encourages me to keep pushing hard.”

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