Phalatse and Another v Speaker of the City of Johannesburg and Others (2022/26790)
Phalatse and Another v Speaker of the City of Johannesburg and Others (2022/26790) [2022] ZAGPJHC 1054 (25 October 2022)
The court found that the Programming Committee was inquorate when it placed the motion of no confidence on the agenda, rendering the decision unlawful. The Speaker's notice for the extraordinary meeting was unreasonably short and failed to comply with statutory and constitutional requirements, depriving councillors of meaningful participation and debate. The Speaker unlawfully excluded DA councillors from debate and voting based on their refusal to sign the attendance register, which did not justify depriving them of their constitutional rights. The Council's adoption of the motion of no conf…
Source excerpt
- Principle Of Legality
- Motions Of No Confidence
- Municipal Structures Act
- Procedural Fairness
- Ulterior Purpose
- Democratic Participation