Democratic Alliance (DA)’s caucus leader in Johannesburg, Mpho Phalatse (L) and Mayoral Committee for Environment and Infrastructure Services Department councillor Michael Sun aarrives at South Gauteng High Court in Johannesburg, 19 October 2022, to challenge a council decision to remove her from the mayoral office. Picture; Nigel Sibanda
Judgment has been reserved in the Democratic Alliance‘s (DA) urgent court application challenging the removal of Mpho Phalatse as the executive mayor of Johannesburg.
The South Gauteng High Court in Johannesburg on Wednesday heard marathon arguments in the party’s urgent application to reinstate Phalatse in office. Phalatse was ousted during a special council sitting last month through a motion of no confidence brought by minority parties supported by the African National Congress (ANC).
ANC Joburg regional chair, Dada Morero, was voted in unopposed as Phalatse’s replacement after the DA-led multi-party government coalition collapsed. Judge Raylene Keightley heard arguments from the legal representatives of the DA and Phalatse as well as for Morero and council Speaker Colleen Makhubele.
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The DA and Phalatse argued in court that the programming committee meeting held on 29 September and the subsequent special council sitting to vote on the motion of no confidence – which were both chaired by Makhubele – were unlawful.
The party alleges that the programming committee meeting did not quorate and, therefore, the council sitting and the election of Morero was invalid. The DA is seeking a personal costs order against Makhubele.
Advocate Terry Motau, acting on behalf of Makhubele, argued that Phalatse had long known that she was likely to face a motion of no confidence.
Motau said a motion of no confidence against Phalatse was first filed in August, but it failed to meet the standards to be heard by council. He argued that the former mayor was removed by a majority in council and the sitting was legal because it was “democracy in action”.
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After hearing arguments from the different parties to the case, Judge Keightley reserved judgment.
Keightley said she was aware of the urgent nature of the application, saying she would attempt to rule on the case in time.
Compiled by Thapelo Lekabe
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