THE motion of no confidence against Joburg mayor Mpho Phalatse is set to be withdrawn when the council’s extra-ordinary meeting convenes on Thursday, 3 November.
Daily Sun has learnt that despite legal threats by DA lawyers for the meeting to be cancelled citing its legality, the council will sit on the day.
However, the motion of no confidence would be withdrawn in what appears to be a concession by council speaker Colleen Makhubela that the meeting would be unlawful.
Makhubela by late afternoon on Monday, 31 October was in marathon meetings with lawyers seeking legal advice on the DA threats to interdict the meeting.
Minde Schapiro & Smith Attorneys, acting on behalf of the DA and by extension Phalatse, had written to Makhubela informing her that they had been instructed to approach the courts to review and set aside the scheduled meeting.
The lawyers argued in the letter that the motion against Phalatse dates August 28 2022 and to be tabled on November 3 was irregular, unlawful and in direct conflict with the court ruling that reinstated Phalatse in her position.
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“In light of the judgment by the Honourable Justice Keightley, dated 25 October 2022, of the South Gauteng High Court and the dictum therein (with regards to launching an urgent application), we require your undertaking, by 8:00 on Monday 31 October 2022 that you shall postpone the council meeting scheduled for 3 November 2022, pending the adjudication of our client’s court proceedings,” it warned.
It added if no such undertaking is made it will go to court to interdict and will file papers and give the council till Tuesday, 1 November to respond.
If the motion is withdrawn, it would be the second round won by Phalatse who was removed through a motion of no confidence but was reinstated after she emerged victorious in court.
The court in its ruling on 25 October had given Phalatse the ability to launch an application to challenge all the decisions that were made by the council when she was removed from office.
