By: Sello Theletsane
ActionSA leader Herman Mashaba appears to have resuscitated a corruption case against both himself and the executive mayor of Johannesburg, Mpho Phalatse, as a way to keep her in power for a little longer.
A motion of no confidence against Phalatse, originally meant to serve this week in an extra-ordinary sitting of the council, was accepted in the programming committee last week, citing the case against her from 2017 when she was still the MMC for health and social development.
The public protector found in December 2020 that Mashaba had interfered improperly by ensuring that an NGO, the Field Band Foundation, of which he had been chairperson for 18 years, was given funding of more than R11 million.
Phalatse, as the MMC, facilitated the deal at the time. Mashaba reportedly tried to have the finding reviewed in court, but the matter appeared to have stalled, bringing into question whether it really was sub judice or not.
Africa News Global now understands that Mashaba returned to court to ensure that the matter would remain before the courts so that the motion against Phalatse can be successfully interdicted or otherwise declared unlawful, since the matter of the Field Band Foundation donations from the City of Johannesburg would technically, therefore, be sub judice and therefore inadmissible according to the rules of the programming committee and council.
A fresh motion of no confidence was due to be heard this week during an extra-ordinary sitting of the council, but it is likely that Speaker Colleen Makhubele will postpone that sitting and allow the matter to be heard only at the next ordinary council meeting in November.
The DA has threatened to interdict any further attempt to have Phalatse face a motion of no confidence after the high court ruled last week that she was unlawfully removed from office due to the programming committee being short of one member to reach quorum at the time the motion was put on the council agenda.
It is likely that a fresh motion would need to be tabled that does not mention the matter of the Field Band Foundation to avoid any chance of the court ruling against Phalatse’s removal on a technicality yet again.
A source in the programming committee said: “The DA is clearly using the courts to prevent a democratic process from taking place. The DA is using the courts to frustrate democracy from prevailing so that it can cling to power. This is a blatant abuse of the courts.
