City of Joburg successfully interdicts Tuesday’s special council sitting

The High Court in Johannesburg has granted the City of Joburg and the multi-party government an interdict preventing Tuesday’s special sitting of the council.

The judgment, which also found Chair of Chairs Colleen Makhubele was not the acting speaker, was delivered on Monday night.

The City of Joburg and multi-party government had approached the High Court, arguing that Makhubele had no authority to convene any meeting of council.

The City argued that should the council meeting proceed, it would be unlawful and invalid.

“Furthermore, any decisions taken at that meeting would be unlawful and invalid. If it proceeds or even if only a few of the City’s councillors believe the meeting is a lawfully convened and valid meeting, there will be confusion and uncertainty as to the validity of any decisions taken at that meeting, which is likely to result in unnecessary and avoidable chaos at the meeting and after,” argued the City.

Among other issues, the meeting was reportedly called to discuss plans to have Mayor Mpho Phalatse removed through a motion of no confidence, a few days after the removal of Democratic Alliance’s (DA) Vasco Da Gama as speaker through a motion of no confidence.

In its judgment on Monday, the court said: “The notice convening the 8th Extra Ordinary Council meeting of the City of Joburg Municipality for 13 September 2022 at 10am issued by the respondent [Makhubele] is declared to be invalid, null and void. The meeting convened by the notice and scheduled for 13 September 2022 at 10am is interdicted from taking place.

“The respondent is interdicted from holding herself out as, or as purporting, to be exercising any of the statutory functions of the Acting Speaker of the First Applicant.”

The respondent was also ordered to pay the costs of the application.

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