High court declares Joburg mayor Mpho Phalatse’s removal unconstitutional and invalid

The Gauteng High Court has ruled for former Joburg mayor Mpho Phalatse and declared unconstitutional and invalid the motion of no confidence by which she was ousted on 29 September.  

Judge Raylene Keightley agreed with Phalatse that the case was urgent, and reinstated her, according to the DA’s interpretation of the judgment, on Tuesday, 25 October.  

Dada Morero’s election as Johannesburg mayor by the council has been declared unlawful, unconstitutional and invalid. Consequently all decisions taken by the ANC’s Morero have been declared unlawful, unconstitutional and invalid and are reviewed and set aside, said Judge Keightley. 

This order has been suspended for 11 days so that the city manager can apply for specific parts of it to be appealed, presumably those that impact the running of the city of six million people. 

“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,” said Keightley in her judgment. 



Johannesburg City Council Speaker Colleen Makhubele is a single-seat representative of Cope who tried to oust her after she turned coat on the city’s multiparty government and sided with the ANC who gifted her the coveted position.