Mpho Phalatse is the mayor of Joburg again – at least for now
The South Gauteng High Court has ruled in favour of former Joburg mayor Mpho Phalatse and declared unconstitutional and invalid the motion of no confidence with which she was ousted on 29 September.
Judge Raylene Keightley agreed with Phalatse that the case was urgent and reinstated her, according to the DA’s interpretation of the judgment, on Tuesday, 25 October.
The council’s election of the ANC’s Dada Morero as Joburg mayor was declared unlawful, unconstitutional and invalid, and so were all decisions taken by him, said Keightley. The order was suspended for 11 days so that the city manager could apply for specific parts of it to be appealed, presumably those that affect the running of the city.
“Stripped of the drama of plots, subterfuge and counter-subterfuge, this is precisely what is before me in this matter: essentially, the simple question is whether the decisions and conduct of the role players in the motion of no confidence procedure fell within the scope of their lawful powers,” Keightley said in her judgment.
“If so, the review must fail, regardless of the political affiliations of those who backed or opposed the motion. Similarly, if not, the impugned decisions and conduct must be reviewed, and a just and equitable remedy granted by this court.
“Ultimately, then, the issues before me are constitutional, rather than political in nature, albeit that they arise, and must be considered, in a political context.”
Johannesburg council Speaker Colleen Makhubele, a single-seat representative of Cope, tried to oust Phalatse after Makhubele turned traitor on the city’s multiparty government and sided with the ANC, which gave her the coveted position.
“The issue here is very simple: we wanted a balance of power,” African Transformation Movement (ATM) councillor Lubabalo Magwentshu had told DM168 after the ousting of the DA’s Vasco da Gama as Speaker on 1 September.
“Currently, there are two major players in the coalition, which are the DA and ActionSA, and now all the smaller parties are being treated like stepkids and they are basically bullied. When this motion came about from minorities from the opposition benches saying that they want to remove the Speaker, we saw this as an opportunity to balance the power.”
Magwentshu explained that the ATM had been excluded from the national coalition structure that was responsible for the decision-making in the metro. He deemed this to be unacceptable.
“Ideally, those platforms are supposed to be there. At the local level, they are there but decisions are not really being taken at that level. They are taken at a national level and the ATM is not involved.”
The ANC was supported by the EFF in the motion of no confidence and when the Patriotic Alliance voted for it too, power changed hands in the city. This judgment has changed the landscape again.
On 23 October, the Sunday Times revealed that Phalatse had wanted to offer the EFF a council committee chair position in return for its support, but DA federal chairperson Helen Zille vetoed it.
In a statement, Phalatse welcomed the ruling, saying it was a victory for the rule of law and the residents of Joburg.