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DA wins court case over Mpho Phalatse’s removal as Joburg mayor
Phalatse has been declared to be the executive mayor of the City of Johannesburg.
Ousted Johannesburg Mayo. Picture: Mpho Phalatse/Twitter
The Democratic Alliance (DA) has won its court case challenging the removal of Mpho Phalatse as the executive mayor of Johannesburg.
Phalatse has been declared to be the executive mayor of the City of Johannesburg by the South Gauteng High Court in Johannesburg.
The DA lost control of the City after Phalatse was voted out of power last month in council through a motion of no confidence brought by minority parties and backed by the ANC.
ANC Joburg regional chair Dada Morero was voted in unopposed as the metro’s executive mayor.
DA wins court case
The South Gauteng High Court on Tuesday delivered its judgment on the DA’s urgent application to reinstate Phalatse in office.
The high court heard arguments in the case last week, with the ANC and Joburg council Speaker Colleen Makhubele opposing the DA’s application.
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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 periods set out in the Uniforms Rules of Court”.
Judge Keightley also ruled that the decision of Makhubele, on 29 September 2022, to schedule an extraordinary meeting of council to vote on the motion of no confidence in Phalatse, on 30 September, was unlawful, unconstitutional and invalid.
The decision taken by Makhubele during the programming committee meeting has, therefore, been reviewed and set aside.
“The decision taken by the sixth respondent (Makhubele) on 30 September 2022, to adopt a motion of no confidence in the first applicant (Phalatse) as the executive mayor of the City of Johannesburg is declared unlawful, unconstitutional and invalid…
“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.”
The DA had argued in court that the programming committee meeting chaired by Makhubele did not quorate, and therefore Morero’s election was invalid.
Dada Morero’s decisions as mayor set aside
Judge Keightley further ruled that all decisions taken by the ANC’s Dada Morero, following his election as the mayor of Joburg, are declared unlawful, unconstitutional and invalid, and are reviewed and set aside.
This order has been suspended for a period of 10 days until it’s confirmed by the high court.
“During such period the fifth respondent, or other authorised officer, may apply to the high court, on supplemented papers, for an order in terms of Section 172 (1) (b) (i) of the Constitution in respect of any specified decision of the fourth respondent (Morero) made between 30 September 2022 and the handing down of this order.”
Makhubele was ordered to pay the costs of the DA’s urgent application, including the costs of two counsels.
The DA had asked the high court to impose a personal costs order against Makhubele.
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