By Thys Khiba – The Johannesburg Council Speaker and COPE leader Colleen Makhubele has been ordered by the South Gauteng High Court in Joburg to pay the costs of the DA’s urgent application, including the costs of two counsels.
“I find that the Speaker was not lawfully permitted to treat DA Councillors as if they had no right to participate in the Council meeting because they had refused to sign the register.”
This follows court ruling by Judge Raylene Keightley, which declared the Democratic Alliance (DA) Mpho Phalatse as the executive mayor of the City of Johannesburg.
“The First Respondent is directed to pay the costs of the application, including the costs of two counsel, one being senior counsel.”
Last month Phalatse was removed as the mayor through a motion of no confidence brought by minority parties and backed by the African National Congress (ANC).
The ANC regional chairperson Dada Morero was voted in unopposed as the Joburg’s executive mayor.
Last week legal arguments opposing the DA’s application were presented by involved parties, the ANC and Joburg council Speaker Makhubele at the high court.
Judge Keightley ruled that the DA’s court application was urgent “as contemplated by Rule 6 (12) and the usual forms, manner of service and time periods set out in the Uniforms Rules of Court.”
“The decision of the First Respondent [Makhubele] taken on 29 September 2022 to schedule an extraordinary meeting of the Sixth Respondent for 30 September 2022 is declared unlawful, unconstitutional and invalid,” said Judge Keightley.
The decision taken by the Speaker Makhubele is reviewed and set aside.
The decision taken by Makhubele on 30 September 2022 to adopt a motion of no confidence against Phalatse as the mayor is declared unlawful, unconstitutional and invalid.
The court has also declared the election of Dada Morero as the mayor unlawful, unconstitutional and invalid.
“The decision taken by Sixth Respondent on 30 September 2022 to elect the Fourth Respondent [Dada Morero] as the Executive Mayor of the City of Johannesburg is declared unlawful, unconstitutional and invalid.”
Phalatse told court that the programming committee meeting chaired by the Speaker did not quorate, and therefore Morero’selection was invalid.
Council decisions taken by Morero as the executive mayor were declared unlawful unconstitutional and invalid and are reviewed and set aside.
The instruction has been suspended for a period of 10 days while waiting for high court confirmation.
“During such period the Fifth Respondent, or other authorised officer, may apply to the High Court, on supplemented papers, for an order in terms of Section 172(1)(b)(I) of the Constitution in respect of any specified decision of the Fourth Respondent [Morero] made between 30 September 2022 and the handing down of this order.”
The DA Mayor Phalatse has welcomed the judgement and indicated the judgement showed Makhubele and the ANC acted illegal, dishonest and unconstitutional.
“This judgement should act as a warning to politicians across the country, who are prepared to do anything, even undermine the law, to grab power for the sake of accessing resources, instead of doing the work they were elected to do and delivering quality services to residents,” said Phalatse.
CENTRAL NEWS
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