The motion of no confidence against Joburg mayor Mpho Phalatse is set to be withdrawn when the council’s extra-ordinary meeting convenes on Thursday, 3 November 2022.
According to the Daily Sun, despite the legal threats issued by the Democratic Alliance (DA) lawyers for the meeting to be cancelled citing its legality, the council will sit on that day.
However, the motion of no confidence against Phalatse would be withdrawn in what appears to be a concession by council Speaker Colleen Makhubele that the meeting would be unlawful and invalid.
Phalatse said the programming committee will convene another meeting to reconsider the African National Congress’ proposal of a motion of no confidence: “This is based on the inadmissibility of the motion of no confidence, So the motion that they want to bring is the same motion that they had used.”
The programming committee will convene another meeting to reconsider the ANC’s proposal of a motion of no confidence, said Makhubele.
Makhubele by late afternoon on Monday, 31 October attended meetings with lawyers seeking legal advice on the threats from the DA to interdict the meeting.
The DA lawyers argued in a letter sent to Makhubele that the motion against Phalatse was irregular, unlawful and in direct conflict with the court ruling that reinstated Phalatse in her position.
This come after the court ruled last week, that the process to remove Phalatse from office through the motion of no confidence on September 29, was unlawful, invalid and unconstitutional.
After her removal from the Joburg mayoral position, Phalatse lodged an urgent application in the high court arguing that her removal was done in haste, saying councillors were not given notification about the meeting.
She argued that for that reason, they did not have enough time to prepare for that meeting.
The South Gauteng High Court in Johannesburg reinstated Phalatse, ruling that Makhubele’s decision to schedule the extraordinary meeting of council was unlawful, unconstitutional and invalid.
Source: Eyewitness News, IOL, Daily Sun, image from Twitter: @mphophalatse1