The Johannesburg High Court has ruled in favour if the Democratic Alliance (DA) following the party’s challenge against ousted City of Ekurhuleni speaker Raymond Dhlamini’s removal.
‘Unlawful decisions’
The high court on Monday ordered Dhlamini be reinstated as Ekurhuleni council speaker.
In its judgment, the court found that Dhlamini’s removal from office was illegal.
The DA decided to take legal action after the speaker was voted out through a motion of no confidence during a council meeting on 2 February.
He was temporarily replaced by Economic Freedom Fighters (EFF) councillor Nthabiseng Tshivhenga.
ALSO READ: EFF ‘could be in control’ of Ekurhuleni if opposition parties have their way
But the court has ruled that Tshivhenga’s election was unlawful and should be reversed.
“Any decisions or acts taken pursuant to the unlawful decisions are declared to be unlawful, unconstitutional and invalid – and are reviewed and set aside,” the judgment reads.
The Ekurhuleni Municipality was further ordered to pay the DA’s legal fees including the costs of two counsel.
Chaotic council meeting
The 2 February extraordinary council meeting descended into chaos after Dhlamini adjourned proceedings before walking out amid continuous disruptions.
The sitting, which started at 1pm, was however, taken over by City manager Imogen Mashazi and resulted in Tshivhenga’s election as interim speaker.
Although the City’s adjustment budget tabled on the agenda was not passed, the remaining political parties in the meeting resolved to suspend a council rule on the six-month wait between motions of no confidence.
READ MORE: ‘EFF still a baby,’ says Ekurhuleni speaker after council sitting collapses
This decision has also been set aside by the Johannesburg High Court.
Following the meeting, ActionSA called on Gauteng Local Governance MEC Mzi Khumalo to intervene amid the instability in Ekurhuleni.
The 2 February sitting also saw the election of ANC deputy regional chairperson Jongizizwe Dlabathi as acting whip of council.
This is after DA councillor Khetha Shandu, who was also facing a motion of no confidence, tendered his resignation before the council sitting.
Another DA ward councillor Pieter Henning also resigned.
