EXPLAINED: Former Jhb mayor turns to courts to overturn ANC ‘coup’
The now former mayor of Joburg, Dr Mpho Phalatse, wants her job back and she's turning to the courts to try and snatch back the reins from what she calls the ANC's "coalition of corruption". She was ousted in a motion of no confidence last week in a process she'll be challenging through the courts. BizNews correspondent Michael Appel spoke to the DA's deputy caucus leader in Johannesburg, Bongani Nkomo, to unpack Phalatse's ousting in a "coup", the looming court case, the crisis within the multi-party coalition, and the ongoing public spat with ActionSA. – Michael Appel
Excerpts taken from interview with Bongani Nkomo
Johannesburg deputy caucus leader Bongani Nkomo on the looming court challenge
When we look at council rules, before any items go to council, they need to pass the test of what is called the programming committee. So obviously in the programming committee there are various other parties. In fact, there are 14 parties in total that need to that have representation on programming. But a minimum of eight councillors need to be there in order for the programming committee to consider any council decision or to pass any items and give them the thumbs up for council. There weren't eight councillors in the programming committee, so councillor [and speaker Colleen] Makhubele presided over an illegal programming meeting [where the motion of no confidence in then Mayor Mpho Phalatse was tabled].
On whether the DA needs to learn to show grace in defeat
If we accept this particular situation, then we are complicit in an unlawful council meeting. We've got residents which we've committed to fighting for. We've got residents who have indicated to us time and time again that they reject the ANC. In fact, if you look at the ANC result over the last couple of elections, they tell you a story. And if we roll over and just accept what the ANC are trying to manufacture and that's a coup through the backdoor with the assistance of Makhubele, then we are just as good as the ANC.
On the state of the multi-party coalition in Joburg and public spats between partners
I think it's a regrettable situation that we are in. But I think our fight is basically one of principle. If you look at between 2016 and 2019, there were a lot of lessons that we learnt from those years. And one of those lessons was that we need a strong blueprint that's going to help us navigate the challenges that we know that we've experienced in 2016. And that prompted the coalition partners to sit down and come to an agreement. It's an agreement which everybody signed. And if we are going to sit back and allow our coalition partners to dictate to us when that agreement must be changed – and just to reiterate, the agreement makes provisions for renegotiations of whatever positions or alignment or power that the coalition partners want to see – but we feel that it's not negotiating in good faith. There's obviously the misconception that we have been unreasonable, playing to the big brother syndrome and that we are trying to bulldoze everything. I think residents of Joburg must understand the amount of negotiation and compromise that took place behind the scenes. They [our coalition partners] rejected Vasco da Gama as a candidate for speaker. We came with an alternative candidate and then they came back to say there's no balance of powers. We actually need the IFP to have the speaker's seat. So you can see that we are negotiating, but goalposts are changing. They keep changing and they keep changing in the presence of a signed coalition agreement. So I think we do need to apologise to the residents of the City of Joburg. We need to get it right now. And I think this was a lesson for us and it should be a lesson for ActionSA as well.
On the horse-trading behind the scenes
The initial departure point was to give the IFP the speaker position, and then the Patriotic Alliance. came in. They said on top of that, the PA wants two MMC positions. And in fact they went on to say, they no longer wanted health, but wanted economic development instead, which is currently occupied by ActionSA. ActionSA then said but they don't want the health portfolio either. They said they want development and planning, which is occupied by the DA. So how do you negotiate in a situation like that? We can't negotiate under duress.
On whether Phalatse's job is actually safe should she be successful in court
Obviously, the first thing that needs to happen is that we need to introspect because there are things that have been mentioned by our partners that we can do better. We understand that and we are happy to do that. The second thing that we need to introspect on is the general coalition agreement in terms of our partners, and that speaks to consolidating what we have. [As for ensuring Phalatse isn't voted out again], I mentioned the politics behind it and I can't give away too much now, but we are open to to speaking to our partners. I think the priority here is retaining the city and keeping it away from the ANC. What that looks like, we'll have to wait and see. But we are determined to to ensure that we get over the line.
Read also: