Phalatse safe as Joburg speaker withdraws no-confidence vote

The DA’s Mpho Phalatse faced yet another removal from office this week at an extraordinary council sitting which had to be withdrawn after a court action ignited by DA coalition partner ActionSA.

ActionSA has seemingly come to Phalatse’s rescue after its leader Herman Mashaba launched a court action to review a 2020 public protector report that found him guilty of contravening the procurement processes and making irregular appointments.

The report found that Mashaba‚ then mayor of Johannesburg‚ hired David Tembe as metropolitan police chief despite not meeting minimum requirements.

The report also found that the appointment of Moses Mtileni as the City of Joburg’s executive director for housing was irregular in that he was hired despite a low score in interviews.

It also found that Mashaba had unlawfully interfered in the procurement process by ensuring that an NGO he had previously chaired‚ Field Band Foundation‚ was awarded millions in funding by the city.

Phalatse was at the time MMC responsible for the health and social development department which would have facilitated the funding.

Business Day understands that the municipal public accounts committee (MPAC) has decided to resuscitate the matter and is calling for a forensic review.

This forms part of grounds for the motion of no confidence against Phalatse and becomes sub judice by virtue of it now pending before court in the review launched by Mashaba and before MPAC.

“Therefore‚ the motion of no confidence in the executive mayor was invalid‚ given that that motion contained a matter that is before the courts‚” Phalatse said on Tuesday.

“If the motion had reached the floor of council‚ the house would have once again become the scene of a crime. Aside from this‚ the motion was without substance,” she said.

The ANC-led coalition has the support of 138 councillors‚ more than the 125 of the DA-led coalition.

This means the motion of no confidence would pass whenever it gets scheduled unless the DA-led coalition manages to bring the EFF and its former coalition Patriotic Alliance back into the fold. Though the EFF is not part of the DA-led coalition‚ it has until recently been voting with the DA.

Asked if Phalatse is not delaying the inevitable‚ her spokesperson Mabine Seabe said their fight was not to keep positions but to ensure things are done within the law and to not set a bad precedence.

“As it stands‚ the coalition is regrouping and reorganising‚” Seabe said.

“But any motion of no confidence that comes against the mayor and by extension the government must be done in terms of the law and that has always been our fight. Our fight has never been for positions; it was about the rule of law and ensuring that we can secure service delivery and the resources of the city‚” he said.