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Tshwane city councilors will resume work after a ruling by the Supreme Court of Appeals. (Photo: Gallo Images / Sowetan / Sandile Ndlovu)
The DA and ANC agree that the City of Tshwane has serious challenges in service delivery, but they disagree on who is responsible and how to respond. The Supreme Court of Appeals has upheld a decision that councilors should return to work after the city was administered earlier in the year, but the political stalemate and its effect on residents are unlikely to end soon.
After nearly eight months out of work, Tshwane city councilors will resume their responsibilities and possibly elect new city leaders after the Supreme Court of Appeals (SCA) upheld a higher court decision saying councilors should regain control of the city pending a Constitutional Court. listening.
The protracted legal battle began after the Gauteng government dissolved the town hall and placed Tshwane under administration in March 2020. The prosecutor successfully appealed to the high court, which declared the province’s decision irrational and invalid.
The provincial government, ANC and EFF took the matter to the Constitutional Court, but the DA, which brought Tshwane before a political stalemate left the city without a mayor, mayoral committee and city administrator, went to court to argue that the ruling that annulled the dissolution and the appointment of administrators must be implemented pending that appeal.
The Pretoria High Court agreed with the district attorney, and the SCA upheld that decision on Tuesday, dismissing the appeal of Prime Minister David Makhura, the Gauteng executive council and the Lebogang Maile Cooperative Governance MEC, meaning that councilors must resume their work before the Constitutional Court hearing. .
“If this court upheld the appeal, an unelected administrator would remain in his place, accountable only to a different sphere than the government that appointed him, and for well beyond the period provided for in the Constitution,” the SCA ruling said.
The province placed Tshwane under administration in March 2020 and, in such a case, the Municipal Structures Law requires new elections to be held within 90 days.
The SCA ruling continued on the provincial government’s attempt to appeal against the implementation of the Superior Court ruling: “Voter elections at the municipal level would then be disregarded and the autonomy of the local government undermined.
“And this, when the provincial government is controlled by a party that did not win the municipal elections of Tshwane in 2016, and where the dissolution decision itself has been declared unconstitutional and illegal.”
It said: “The [high court’s] The order adequately ensures that councilors, duly elected by the citizens of Tshwane in 2016, can resume their legitimate constitutional functions, powers and responsibilities. The order gives effect to the rights of voters and preserves the autonomy of local government. Can’t be blamed. “
Acting DA Leader John Steenhuisen said the court victory gave the party “the green light to immediately reinstate our government in Tshwane so that we can roll up our sleeves and do what we were chosen to do.”
The Gauteng ANC said it took note and was studying the ruling. It is not clear what happens if the provincial government appeals against the SCA order in the Constitutional Court.
Despite Steenhuisen’s claims, the power struggles within the city appear to be far from over.
Part of Makhura and Maile’s justification for placing the city under administration was that the council could not elect leaders. The DA and EFF deal that saw DA mayors elected after the 2016 elections fell apart in 2019 and the ANC and EFF consistently walked out of council sessions between late 2019 and early 2020, denying the council a quorum. .
According to the court order, councilors from the ANC and the EFF will now have to “attend and remain attending all meetings of the Tshwane City Metropolitan Municipality Council unless they have a legal reason to be absent.”
The DA has the most council seats ahead of the ANC and EFF, but does not have a majority.
While political and legal battles have been raging for nearly a year, the ANC and DA have noted serious problems in service delivery in Tshwane.
“For months, the residents of Tshwane have suffered, while Maile’s friends and ANC cadres have charged exorbitant salaries,” DA Gauteng President Mike Moriarty said Thursday.
“Serious concerns have been expressed about deteriorating service delivery levels, mismanagement and political instability in the DA-led coalition government that led to the decision to dissolve the council,” said the ANC provincial secretary, Jacob Khawe.
The provincial government’s decision to place the city under administration and pay the administrators up to R10 million by September, according to the district attorney, was based in part on the fact that the city failed to provide drinking water in Hammanskraal and the alleged mismanagement of Wonderboom airport.
The Gauteng government and administrators in charge of the city claimed that problems in the city were improving, but since March there have been widespread complaints about garbage disposal and water and electricity interruptions.
After a recent visit to the municipality, Parliament’s cooperative governance committee, led by Faith Muthambi, said the city lacked the necessary senior managers, lacked effective oversight and accountability structures, and suffered heavy losses of water and electricity. .
“It is worrying that the capital of SA is in the state it is in, especially without a visible plan to address the matter. Therefore, the committee has urged the city to find ways to deal with the proliferation of dirt in the city and return it to its former pristine state, ”said Muthambi. quoted like saying. DM
If you’d like to discuss service delivery issues in the city of Tshwane, please email [email protected]
