How Phalatse won her case against the Joburg Speaker

Judge RM Keightley, handing down judgment in the case brought by the ex-executive mayor of Johannesburg, Mpho Phalatse, quotes Judge Dennis Davis saying: “The danger in South Africa … of the politicisation of the judiciary, drawing the judiciary into every and all political disputes as if there is no other forum to deal with a political impasse relating to policy or disputes which clearly carry polycentric consequences beyond the scope of adjudication.’ She goes on to opine that, “stripped of the drama of plots, subterfuge and counter-subterfuge, this is precisely what is before me in this matter: essentially, the simple question is whether the decisions and conduct of the role-players in the motion of no confidence procedure fell within the scope of their lawful powers.” Read the full judgment below to hear the justification for her decision. – Sandra Laurence

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