As this case demonstrates, although written at a time when politics were characterised by the struggle for power between the general populace and the king,
these lines might as easily be applied to describe the power struggles that have come to define our modern era of local, coalition government.

2. In the case before me, we have no king. But we have the ex-Executive Mayor of our City, Ms Phalatse, who claims that she was unlawfully deposed through a motion of no confidence procedure that was tainted with illegality. She is the first applicant, with her political party, the Democratic Alliance (“DA”) being the second applicant. They have approached the court on an urgent basis for review relief.

3. On the opposing side, we have Ms Makhubele, the Speaker who, by virtue of her office, led the process that culminated in Ms Phalatse’s de-throning. Ms Makhubele was elected Speaker on 28 September 2022, after the DA Speaker, Mr da Gama, was ousted in a vote of no confidence. She is the first respondent, in her official capacity, and the second respondent in her personal capacity, so joined because the applicants seek a personal costs order against her. The notice of intention to oppose the application was filed on behalf of ‘the Respondents’, as a group. However, the remaining respondents took no further steps to engage in the proceedings. This means that neither the current Executive Mayor, Mr Morero, who was elected to replace Ms Phalatse, nor the Council have filed affidavits opposing the urgent application.

 

Full Judgement Attached