DA’s Tshwane councillors ‘back in office’ following CSA ruling
Updated | By Nokukhanya N Mntambo
The Supreme Court of Appeal (SCA) has ruled in favour of the Democratic Alliance (DA) by confirming an earlier High Court decision that ruled the dissolution of the Tshwane council unlawful.
In April the High Court in Pretoria ruled in favour of a DA’s application to overturn the provincial government's decision to dissolve the Tshwane council.
The party approached the court in March, arguing that Premier David Makhura and his executive committee had dissolved the council for political reasons.
The matter was escalated to the SCA, which also ruled in favour of the DA on Tuesday.
DA interim leader John Steenhuisen says the party welcomes the decision.
“The Democratic Alliance welcomes today’s long-awaited judgment from the Supreme Court of Appeal dismissing, with costs, the Section 18(4) appeal lodged by the Gauteng provincial government in July this year.
“This debacle exposes that the ANC was engaged in a power grab and abused the constitution to do so. It first made the City of Tshwane ungovernable, by constant walkouts from the Tshwane council, breaking the quorum, and making it impossible to take decisions.”
In a further twist to the legal spat, Gauteng Cooperative Governance MEC Lebogang Maile had also announced earlier in the year that the provincial government would approach the Constitutional Court to appeal the high court ruling.
The matter will be heard next week.
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The city will now have to elect a new mayor while it awaits the judgment by the apex court on the decision to place it under administration.
“This is a fantastic win for the DA and I am delighted that the judgment has now given the DA the green light to immediately reinstate our government in Tshwane so that we can roll up our sleeves and do what we were elected to do,” Steenhuisen adds.
The judgment was ordered with costs.
Meanwhile, Maile says he is yet to weigh his options.
“An ordinary executive council meeting will be held tomorrow, Wednesday 28 October 2020, where it is expected to consider today’s judgment. Thereafter, the executive council will make a formal and comprehensive response to the judgment.”
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