By Lehlohonolo Lehana
The South Gauteng High Court has declared the removal of former City of Johannesburg Mayor Mpho Phalatse unlawful, unconstitutional and invalid.
Phalatse was removed as mayor through a motion of no confidence in the council late last month.
She argued that the programming committee meeting did not quorate and, therefore, the council sitting and its decisions were invalid.
Phalatse has insisted that the legal battle was not about wanting to hang on to power and maintained her stance that the council sitting was unlawful.
Judge Keightley ruled that the programming committee meeting chaired by Joburg council speaker Colleen Makhubele that tabled the motion of no confidence in Phalatse on 29 September was unlawful, unconstitutional and invalid.
Phalatse has been declared to be the executive mayor of the city of Johannesburg.
The DA lost control of the city after Phalatse was voted out of power in council through a motion of no confidence brought by minority parties and backed by the ANC.
ANC Joburg regional chair Dada Morero was voted in unopposed as the metro’s executive mayor, after the DA-led multi-party government coalition collapsed.
In response, Morero announced on his Facebook page that he has “stepped aside officially as the executive mayor”.
All decisions taken by Morero as mayor since his election have also been deemed unlawful, unconstitutional, invalid and set aside.
Phalatse has celebrated Tuesday’s court outcome, calling it a victory for democracy.