Embattled Johannesburg mayor Mpho Phalatse will not go down without a fight and is prepared for yet another court battle.
This as the city council has approved, during its meeting on Friday, another motion of no confidence against the mayor, which was tabled by the ANC.
The council speaker, Colleen Makhubele, has concomitantly called for an extraordinary meeting in which Phalatse’s future as mayor will be deliberated upon. However, Phalatse, who recently triumphed in a court battle over the mayorship, is arguing that this too is unlawful.
Phalatse seeks to block the extraordinary meeting which is scheduled for Thursday.
In court papers that Sunday World has seen, the sedulous mayor sought to review and set aside the programming committee meeting held on October 28 and the decisions taken at the meeting as being unlawful. Phalatse also wants to set aside the notice calling for the extraordinary council meeting.
Reads the papers issued by Phalatse’s attorneys Minde Schapiro & Smith: “We have been instructed to launch urgent proceedings in the South Gauteng High Court praying for the following orders:
2.1 Reviewing and setting aside the programming committee meeting held on October 28 2022 and the decisions taken at the meeting as being unlawful; and
2.2 Reviewing and setting aside the notice calling an extraordinary council meeting for November 3 2022.
- The application shall be premised upon the basis that:
3.1 the placing of the motion of no confidence in the executive mayor, Dr Mpho Phalatse, dated October 28 2022 on the agenda for the next council meeting that was thereafter scheduled for 3 November 2022, was irregular, unlawful and in direct conflict with the standing rules of order of council, specifically rule 92(1) thereof;
3.2 the decision to place the motion of no confidence in the executive mayor, dated October 28 2022 on the Agenda, was irregular, unlawful and in direct conflict with the rules of order of council.”
On Tuesday last week, the Johannesburg High Court declared Phalatse as the rightful mayor of the city after she was “unlawfully” ousted.
She wanted the court to declare Makhubele’s notice to convene the meeting unlawful and invalid. According to Phalatse, the speaker did not follow the rules of council.
Phalatse argued that the council rules warrant those motions of no confidence be submitted 14 days prior to the meeting. It is still not clear how the mayorship will be returned back to its rightful holder.
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