Pretoria – The South Gauteng High Court in Joburg has ruled that the council sitting when then executive mayor Mpho Phalatse was ousted last month was unlawful.

In a written 30-page judgment seen by IOL, Judge Raylene Keightley ruled that the special council sitting on September 30 when Phalatse was removed was “unlawful, unconstitutional and invalid”.

“The decision taken by the sixth respondent (City of Joburg) on 30 September 2022 to adopt a motion of no confidence in the first applicant (Phalatse) as the executive mayor of the City of Johannesburg is declared unlawful, unconstitutional and invalid,” the judge ruled.

“The decision taken by the sixth respondent referred to in paragraph six is reviewed and set aside. The decision taken by the sixth respondent on 30 September 2022 to elect the fourth respondent (the ANC’s Dada Morero) as the executive mayor of the City of Johannesburg is declared unlawful, unconstitutional and invalid.”

The outspoken Phalatse was ousted last month and replaced by Morero.

In court last week, judgment was reserved in Phalatse’s fight to regain the Joburg mayoral chain.

At the time, Phalatse, who still refers to herself as the executive mayor of Joburg, said she remained positive she would be reinstated by the courts.

“I am optimistic, we have got a very strong case and I think we have a very fair and impartial judge,” she said.

“So we wait and see but I am confident I will be back in the seat very soon.”

Last week, Phalatse, who was ousted after an ANC-led coalition outfoxed her in a motion of no confidence last month, insisted in an interview that she was the rightful mayor of the City of Joburg.

Speaking to broadcaster Newzroom Afrika, Phalatse said the battle was about the residents of Joburg.

“Yes, it was never about me and it’s still not about me. It’s still about the 6 million residents of Johannesburg. I made a vow to our residents to remain committed to them. This battle is internal, it’s a council battle and our residents cannot enter the battle at this point.

“Our democracy is under attack. There is a lawless Speaker, unfortunately in council currently. There is no regard for the laws of this nation, there is no regard for the rules of council … somebody has to stand up and say enough and protect our council, the institution and our residents,” she said.

Phalatse said “questionable decisions” were already being made in Joburg since she was booted out.