High court rules Mpho Phalatse’s removal unconstitutional

The Gauteng High Court ruled in favour of former Joburg mayor Mpho Phalatse, ruling that the motion of no confidence that removed her from office on September 29 was unconstitutional and invalid.

Phalatse and the judge both agreed that the case needed to be resolved quickly, according to the DA’s interpretation of the decision. Accordingly, she reinstated her on Tuesday, October 25.

Dada Morero’s election as mayor of Johannesburg by the Johannesburg City Council has been declared illegal, unconstitutional, and invalid. As a result, Morero’s decisions have been declared illegal, unconstitutional, and null and void. According to Judge Keightley, they are being reviewed and set aside.

This order has been put on hold for 11 days so that the city manager can appeal some of its provisions, most likely those that have an impact on how a city of six million people operates.

“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. 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,” concluded Judge Raylene Keightley.

Colleen Makhubele, the speaker of the Johannesburg City Council, is a single-seat representative of Cope, which attempted to remove her after she sided with the ANC rather than the city’s multiparty administration, earning her the coveted position.

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