City of Johannesburg council speaker Colleen Makhubele has criticised the legal challenge by ousted mayor Mpho Phalatse, saying it will have no material effect on the now ANC-led multiparty government running SA’s richest and biggest metro.
Speaking to Business Day after executive mayor Dada Morero’s 10-member mayoral committee (MMC) was sworn-in on Monday, Makhubele said Phalatse’s challenge at the Gauteng High Court in Johannesburg of her removal through a vote of no confidence on September 30 was a futile exercise. The matter is set to be heard on October 18.
Phalatse’s removal underscores the instability of coalition governments, which political pundits say are shrouded in mystery and more about clinging to power than addressing service delivery challenges. The Johannesburg metro, together with the cities of Ekurhuleni and Tshwane, fell under DA-led multiparty coalitions after the 2021 municipal elections when the ANC’s support fell below 50% for the first time since 1994.
Phalatse approached the courts about a week ago for an application to nullify her ousting, and to declare unlawful and unconstitutional and review and set aside Morero’s election , including decisions taken during his stint as executive mayor.
In the court papers, Phalatse argued that the programming committee was not quorate when the decision to place the motion of no confidence on the agenda was taken. “There needed to be at least seven members for a quorum, yet only six were present.”
Phalatse argued in the court papers that Makhubele — who she wants the court to direct to pay the cost of the application in her personal capacity — unlawfully refused to grant the DA a caucus break to which it was entitled under the council’s rules and did not allow any debate on the motion of no confidence during the sitting on September 30.
The speaker said the DA was looking for a different opinion after its initial court challenge on September 30 to try to interdict the extraordinary council meeting that voted to remove Phalatse as mayor was thrown out of court.
Makhubele denied several council procedures in the lead up to Phalatse’s removal were flouted, saying: “Everything we did was by the book. Even if the [court] ruling is granted in their [DA] favour, we will [simply] call another special council [meeting] and have the same outcome, so for them it’s a futile exercise.”
In a statement on Monday, in which she was referred to as DA Johannesburg leader, Phalatse said the council events of September 30 “saw the laws of the country and rules of council thrown to one side in a desperate grab at power by a corrupt cabal whose only goal is to control and corrupt the city’s R77.3bn budget”.
“Service delivery will collapse under the illegally installed government, as the taps of corruption that we closed, will be reopened until there is nothing left.”
Newlyelected Gauteng premier Panyaza Lesufi has lashed out at the instability of local government, saying relations between coalition partners need to be managed better as some disagreements simply requre conflict resolution skills rather than passing votes of no confidence. Instability in coalitions affected the economy as well.
The Joburg municipality, which has 13 entities, a population of about 6-million and a budget of R77.3bn for the 2022/2023 financial year, contributes about 15.6% to SA’s national GDP.
Morero, addressing the council after the MMCs were sworn-in, said his administration would focus on growing the Johannesburg economy, giving support to SMMEs and creating sustainable human settlements.
“We will adhere to good and clean governance. We will achieve all this if we are united and focused on one task of reducing poverty, creating jobs and fighting inequality and unemployment,” Morero said.
The new MMCs include Margaret Arnolds (finance), Loyiso Masuku (group corporate and shared services), Ashley Sauls (transport), Thapelo Amad (development planning), Anthea Natasha Leitch (housing), Nomoya Mnisi (economic development), Eunice Mgcina (health and social development), Lubabalo Magwentshu (community development), Mpho Sesedinyane (environment, infrastructure and service delivery), and Jack Sekwaila (public safety).
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