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Council of Tshwane. (News 24)
- The Supreme Court of Appeal has upheld a High Court ruling that the decision to dissolve Tshwane Township was illegal.
- The appeal ruling was handed down on Tuesday.
- The DA has welcomed the ruling, saying there is no justification for removing elected DA councilors from their positions. “
The Supreme Court of Appeal (SCA) ruled in favor of the prosecutor, confirming a ruling by the Gauteng High Court that the decision to dissolve Tshwane Municipality was illegal.
The SCA dismissed the Gauteng government’s challenge to the higher court ruling.
Gauteng Prime Minister David Makhura put the municipality under administration in March, following attempts by Cogta MEC Lebogang Maile to intervene.
READ HERE | Tshwane’s council officially dissolved, under administration, but district attorney awaits judicial revocation
However, the district attorney went to the Gauteng High Court in Pretoria to challenge the decision, claiming that Makhura and his executive committee had dissolved the council for political reasons.
In April, the High Court overturned, at cost, the Gauteng government’s decision to dissolve the municipality and put it under administration. In the ruling, drawn up by Chief Justice Dunstan Mlambo, the court said: “The Gauteng Executive Council decision to dissolve the Metropolitan Municipality of Tshwane City, taken on March 4 and communicated to the applicants on March 10, it is reviewed and declared invalid. and set aside “.
READ | Gauteng government approaches ConCourt to challenge determination that dissolution of the Tshwane council was illegal
“Interference from one sphere of government to another, as we have done here, is considered more intrusive and can only be resorted to in exceptional circumstances,” he further stated.
In its ruling issued Tuesday, the SCA said that the Superior Court rightly held that the circumstances of the case were exceptional and that the Prosecutor’s Office had presented a proper case.
The SCA added:
The running of the city of Tshwane by an unelected administrator is the very antithesis of democratic and accountable governance of local communities, enshrined in S 152 (1) (a) of the Constitution. The court order duly ensures that the councilors, duly elected by the citizens of Tshwane in 2016, can resume their legitimate constitutional role, powers and responsibilities. The order gives effect to the rights of voters and preserves the autonomy of local government. Can’t be blamed.
The SCA also said that the higher court held that the citizens of Tshwane had a fundamental constitutional right to be governed by those they had elected and the fact that they were denied this right constituted irreparable harm.
“I cannot find fault with the reasoning of the higher court.”
READ ALSO | Gauteng Cogta MEC happy with NCOP decision to dissolve Tshwane council, DA says report is flawed
The municipality had been run by the DA since 2016 after reaching an agreement with the EFF and forming a coalition with smaller parties.
However, DA second mayor Stevens Mokgalapa resigned amid a scandal, similar to his predecessor, Solly Msimanga, who resigned before the 2019 national elections, News24 previously reported. The council also failed to approve its adjustment budget, which had to be done in early March.
In a statement issued Tuesday, the district attorney welcomed the “long-awaited” ruling, which he said would “reinstate the prosecutor in the city of Tshwane and expel the illegal ANC administrators.”
DA Provincial President Mike Moriarty said:
It was obvious from the court ruling that the ANC’s attempt to put the city of Tshwane under administration eight months ago was a politically motivated takeover by the Gauteng Cooperative Governance MEC Lebogang Maile.
“There was no justification for removing elected AD councilors from office,” the party said.
