Pretoria – Reinstated executive mayor of the City of Joburg, Dr Mpho Phalatse said the courts have rightfully corrected “an injustice” which characterised her removal last month.
“There was an injustice, there was unlawfulness in the ousting of an executive mayor and the election of an executive mayor. Surely, that is enough of an infringement to act on, to approach the courts for recourse, which we have done and I am glad that we have been victorious,” Phalatse spoke to broadcaster Newzroom Afrika.
“There is no confusion as to who is the executive mayor of the City of Johannesburg. We have had confusion in the last few weeks, because I have always maintained that what happened was illegal and I did not recognise Dada Morero as the executive mayor. There was a lot of contention around that, but the courts have since proven that we were in fact correct.”
Phalatse said she will be reviewing some of the decisions made by the ANC’s Morero who occupied the populous city’s top post over the past few weeks.
“Every illegal decision will be overturned. It is difficult to say all the decisions (will be overturned), you have day-to-day operations in the city and we cannot have a blanket approach,” she said.
On Tuesday, the High Court in Joburg ruled that the Council sitting where Phalatse was ousted last month was unlawful, and set it aside.
In a written 30-page judgment seen by IOL, Judge Raylene Keightley ruled that the special Council sitting on September 30 when Phalatse was removed was “unlawful, unconstitutional and invalid”.
“The decision taken by the sixth respondent (City of Joburg) on 30 September, 2022 to adopt a motion of no confidence in the first applicant (Phalatse) as the executive mayor of the City of Johannesburg is declared unlawful, unconstitutional and invalid,” the judge ruled.
“The decision taken by the sixth respondent referred to in paragraph six is reviewed and set aside. The decision taken by the sixth respondent on 30 September 2022 to elect the fourth respondent (the ANC’s Dada Morero) as the executive mayor of the City of Johannesburg is declared unlawful, unconstitutional and invalid.”
The outspoken Phalatse was ousted last month and replaced by Morero.
IOL