Phalatse’s threat to go to court ‘the last kick of a dying horse’

Joburg mayor Dr Mpho Phalatse has survived yet another motion of no confidence after lawyers representing the Democratic Alliance (DA) threatened to take council speaker Colleen Makhubele to court if she proceeded with the motion in the council sitting on Thursday.

The DA lawyers relied on the Standing Rules of Order of Council, specifically Rule 92(1) which states that “a motion is admissible if the matter is not pending before a court of law”.

A motion of no confidence against Phalatse was accepted by the programming committee last week Friday, citing the Field Band Foundation corruption case against her from 2017 when she was still the MMC for health and social development.

The Field Band Foundation matter was referred to an independent Forensic investigation company which later cleared then Joburg mayor Herman Mashaba and Phalatse of any wrong doing.

The ANC later reported the matter to the Public Protector and she found against Mashaba.

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Mashaba later took the matter for review and it’s expected to be heard on 31 January 2023.

DA Johannesburg caucus leader Bongani Nkomo said the party was left with no choice but to go to court after council speaker Colleen Makhubele failed to conduct herself in a manner that was in line with the rules of council.

Makhubele ‘flouting the rules’

Nkomo said it was very convenient for people to say the DA was doing everything to hold on to power but forget how Makhubele has flouted the rules.

“Mayor Tania Campbell was removed via a motion of no confidence because the process was above board. One thing we cannot accept in Joburg is the clear flouting of rules for political expediency by the speaker and we remain silent,” said Nkomo.

“We cannot lay down while council rules are flouted to allow the ANC back into power; it is not the DA trying to hold on to power at all costs.”

ActionSA Johannesburg caucus leader Funzi Ngobeni said despite them agreeing with the DA that the motion was inadmissible; they have not gone to court and have not threatened anyone with the court.

“We have not gone to court on this matter; it is not even the coalition that has gone to court. The DA has gone to court. ActionSA has made its view clear that the motion does not meet the prescript of our council rules and that is where it ended,” said Ngobeni.

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Ngobeni said the Field Bond Foundation matter was also on the Municipal Public Accounts Committee (MPAC) agenda and the rules of the council say a motion cannot be tabled if the matter was in one of the committees.

He said the was no reason for the ANC-led coalition to circumvent the rules and rush into putting a motion that was illegal because it would be challenged.

“They do have the numbers, if they want to go and table a motion, it should be tabled properly so that you can go to council and exercise your democratic right of removing the mayor legally.”

Phalatse threat ‘last kick of a dying horse’

Political analyst Dr Ntsikelelo Breakfast said the argument by the DA was contradictory because when it suited them, it was fine to dislodge the ANC from power.

“They removed the ANC in Nelson Mandela Bay from power and there was no hullabaloo about that. When the same principle was applied to them then hell broke loose and they went to approach the court of law,” said Breakfast.

Breakfast said Phalatse’s threat to go to court was the last kick of a dying horse and an attempt to block a transition that might bring a change of government in the metro.

He said the biggest losers in this bickering happening in the Joburg metro were the residents.

“Unfortunately, it does affect service delivery because you cannot have development if you have instability.”

The ANC- led coalition is expected to bring another motion of no confidence against Phalatse in the next ordinary council sitting.

– lungam@citizen.co.za