The ousting of former Johannesburg Executive Mayor Mpho Phalatse was found unlawful by the Gauteng High Court. Phalatse was removed from her mayoral duties via a motion of no confidence on the 30th of September. This was two days after the COPE's Colleen Makhubele was voted in as the new Speaker of Council. Makhubele's council sitting to remove Phalatse was said to be invalid and unlawful.

MATTER WAS URGENT

Presiding over the matter Judge Raylene Keightley ruled in Phalatse's favour agreeing that  the matter was urgent. She said the Speaker of Council had ulterior motives hence the hasty decision to call a council meeting to remove the mayor. "Given the extreme haste with which the speaker acted in calling and setting the date for the meeting, as well as the absence of any real justification for the speed with which she acted, it is difficult to avoid the conclusion that she acted with an ulterior purpose."

PAY FOR LEGAL FEES

Because of this, the newly sworn in Executive Mayor Dada Morero's election has been declared unlawful, unconstitutional and invalid. Meaning that all the decisions and changes  implemented  by the ANC's Morero have been reviewed and set aside. Keightley characterised politics as the struggle between the king and his people. In her judgment Keightley said:"In the case before me, we have no king. But we have the ex-executive mayor of our city, Phalatse, who claims that she was unlawfully deposed through a motion of no confidence procedure that was tainted with illegality. On the opposing side, we have Makhubele, the speaker who, by virtue of her office, led the process that culminated in Phalatse's dethroning. Essentially, the simple question is whether the decisions and conduct of the role players in the motion of no confidence procedure fell within the scope of their lawful powers. If so, the review must fail, regardless of the political affiliations of those who backed, or opposed the motion.  Ultimately, then, the issues before me are constitutional, rather than political in nature, albeit that they arise, and must be considered, in a political context," said Keightley.
Makhubele has been instructed to pay Phalatse's legal fees. However the judge acknowledged that she did not act alone but had the support of other political parties.