#HandsOffJoburg: DA notes senseless motion of no confidence by the corrupt ANC in anticipation of loss in High Court

Issued by Dr Mpho Phalatse – DA Johannesburg Leader
20 Oct 2022 in News

Please find attached a soundbite by Dr Mpho Phalatse.

The Democratic Alliance (DA) has noted that the ANC-led cabal of corruption in cahoots with the Speaker of Council, Cllr Colleen Makhubele, have pre-emptively tabled a motion of no confidence in the duly elected Executive Mayor of Johannesburg, Cllr Mpho Phalatse, in anticipation of the High Court declaring the events leading up to, including the 30 September 2022 motion of no confidence, as illegal, unconstitutional, and invalid.

As a sign of good things to come, the High Court accepted the urgency to hear the matter. This has of course sent shockwaves across the City, especially among those who were illegally installed into Government.

In this regard, the laws of the country and rules of Council have once again been thrown one side in anticipation of what could potentially show the ANC and its allies to be dishonest and acting for self-interest in the eyes of the law.

The Chief Whip of Councill, Cllr Tyrell Meyers, has written to the Speaker of Council expressing discomfort and great displeasure in the manner in which the business of Council is being mismanaged under Speaker Makhubele and disregard for court processes.

It would appear from the last few extraordinary Programming Committee meetings that have been called by Cllr Makhubele, as the Speaker, that party politics have come into play in terms of the advice being given to Committee members. This is not only a show of bad faith from the City’s legal advisors but also means, that impartial advice in assisting all Councillors in carrying out their duties is not being provided. This is unprofessional conduct in the extreme, prejudicial, and simply not acceptable.

Pandering to political whims as opposed to impartially guiding the Programming Committee on legal issues has dire and severe consequences on Joburg and its 6-million residents. This negligence has already resulted in several instances where said advice has resulted in successful court challenges.

In relation to the Programming Committee meeting held on Wednesday, 19 October 2022, a motion was adopted against Cllr Mpho Phalatse of which the intent is to remove her as the Executive Mayor of Johannesburg, once again. This is despite fierce and legitimate inputs against the motion from several political parties.

It must be noted that the removal of Cllr Phalatse as Executive Mayor is currently being heard in the Johannesburg High Court, which makes it a matter before the courts or sub judice. The legal unit therefore cannot deem it feasible to advise that it is legally permissible to place a motion of no confidence on the agenda “in case the judgment finds favour with the applicant”. Furthermore, the Rules of Council are clear that where a matter is before a court then a motion cannot be successful in terms of being placed on the Council agenda by the Programming Committee.

As Speaker, Cllr Makhubele should be well aware of this, but she is clearly determined to play harmful and illegal games with the service delivery and governance affairs of Joburg.

The manner in which the legal department within the Legislature is conducting themselves is a cause for grave concern and in fact should be interrogated further as the City can ill afford to find itself in a position where politics replace the rule of law.

It is clear that Joburg is fast on the road to capture and collapse under Cllrs Morero and Makhubele.

We will exhaust all avenues to ensure that the residents of Joburg receive quality service delivery that does not see the City and residents’ money lining the pockets of politicians.