Pretoria - The South Gauteng High Court in Joburg has reinstated Dr Mpho Phalatse as the mayor of Joburg following her successful bid to challenge her removal last month.
Phalatse lodged an urgent application in the high court arguing that her removal was done in haste saying councillors were not given proper notification about a meeting of the programming committee on September 29.
In her testimony before court, Phalatse argued that councillors were given notices to attend a programming committee within three hours.
According to evidence before court, some councillors received WhatsApp messages to attend after 1pm to attend a meeting scheduled for 4pm.
The court also heard that some received notices of the meeting while proceedings were already underway. It was in that meeting, which did not quorate - where a decision was taken to table a motion of no confidence against Phalatse which prompted her to approach the court.
Phalatse argued that the Speaker Colleen Makhubele who presided over the meeting and subsequently council which removed her acted with malaise.
In a written judgment, Judge Raylene May Keightley said: “The application was urgent as contemplated by Rule 6(12) and the usual forms, manner of service and time periods set out in the Uniform Rules of Court and in the Practice Manual of this court are dispensed with.
Judge Keightley said the decision of Makhubele taken on September 29 2022 to schedule an extraordinary meeting of the council for September 30 2022 is declared unlawful, unconstitutional and invalid.
The decision of Makhubele to convene such a meeting was reviewed and set aside.
“The decision of the programming committee of the council taken on September 29 2022 to place a motion of no confidence against Phalatse as the Executive Mayor of the City of Johannesburg on the agenda for the extraordinary meeting on September 30 2022 is declared unlawful, unconstitutional and invalid.
“The decision of the Programming Committee of the council is reviewed and set aside,” the judge said.
She said the decision taken by the council on September 30 2022 to adopt a motion of no confidence against Phalatse as the Executive Mayor of the City of Johannesburg was declared unlawful, unconstitutional and invalid. The council meeting was also reviewed and set aside.
The court also said that the decision taken by the council on September 30 2022 to elect Dada Morero as the Executive Mayor of the City of Johannesburg was declared unlawful, unconstitutional and invalid.
Morero’s appointment was also reviewed and set aside.
“The first applicant (Mpho Phalatse) is declared to be the Executive Mayor of the City of Johannesburg. All decisions taken by Morero as the Executive Mayor of the City of Johannesburg are declared as unlawful, unconstitutional and invalid and are reviewed and set aside.
The order to remove Morero was suspended for a period of ten court days. During such period the council, or other authorised officer, may apply to the high court, on supplemented papers, for an order in terms of s 172(1)(b)(i) of the Constitution in respect of any specified decision Morero made between September 30 2022 and the handing down of this order.
Makhubele was directed to pay the costs of the application, including the costs of two counsel, one being senior counsel.
Pretoria News