Joburg mayor Phalatse safe for now as court outlaws Tuesday's council meeting
Johannesburg mayor Mpho Phalatse's tenure is safe, for now, after the Johannesburg High Court upheld an application by Joburg City manager's contention that the meeting would have been unlawful because its convenor had no authority to do so.
On Monday night, Judge Mgcini Malindi interdicted a meeting called by chair of chairs Colleen Makhubele from taking place.
Makhubele called the sitting in order for the election of a new speaker after Vasco da Gama was removed on August 31 through a motion of no confidence.
Opposition parties had also hoped to use Tuesday's meeting to table a motion of no confidence against Phalatse.
On Monday, lawyers representing the City of Johannesburg and acting City manager Bryne Maduka argued the meeting called to replace Da Gama as speaker and table a motion of no confidence against Phalatse be interdicted.
In his urgent court application, acting City manager Bryne Maduka had argued Makhubela had no authority to convene the meeting because she had not been elected by council as acting speaker.
Adv Timothy Bruinders SC, who was representing the municipality and Maduka, argued that if Tuesday's meeting had gone ahead, all decisions taken at the meeting, which include the appointment of a new speaker and a motion of no confidence against Phalatse, would be unlawful.
Agreeing, Malindi wrote: “The respondent is declared not to be the acting speaker of the first applicant. The respondent is interdicted from holding herself out as, or as purporting, to be exercising the statutory functions of the acting speaker of the first applicant.”
Arguing on behalf of Makhubele, Adv Terry Motatu SC said the Standing Rules of Order had been effective since 2016, that all parties were aware of their actions, adding there was no objection when Makhubele presided over the rest of the meeting on August 31.
He questioned what led council and the acting City manager to believe that Makhubele was acting in accordance with Rule 19 when she assumed the position of acting speaker after Da Gama was ousted.
“Council could not simply choose out of benevolence after Da Gama was removed that council exercised powers it did not have. Then the question was on what basis does the chair of chairs stepped into the position of acting speaker,” Motau said.
Maduka said Makhubele had only presided over the meeting of August 31 to conclude council business, adding it was only for the duration of that meeting and was not meant to last beyond that sitting.
“At the time it was believed that the respondent was acting in accordance with Rule 19(1) of the Standing Orders. But I did not expect the assumption of the role of acting speaker by the respondent to extend beyond the meeting. I expected that her assumption of that role was a practical means of an orderly ending to that meeting.”
The Standing Rules of Order Rule 19(1) provides that if the speaker is absent or not available to undertake his/her duties or needs to be relieved during a meeting, the chairperson of committees shall be the acting speaker.
Reacting to the ruling, Phalatse said the City and the multi-party coalition had long contended that the office of the speaker remained vacant until such time that Maduka convenes a sitting of council to elect an acting speaker or speaker from among the members of the house.
“The actions of councillor Makhubele and those who backed and bankrolled her illegal actions must be condemned in the harshest of terms. These actions have only sought to create confusion in the minds of residents and undermine the laws of the country and the rules of council, all in an effort to grab power at all costs.”
nkosin@sowetan.co.za