Charles Molele
The North Gauteng High Court on Wednesday overturned the decision of Gauteng Premier David Makhura to dissolve the then DA-led City of Tshwane council in March.
Legal costs were also granted in favour of the DA.
John Steenhuisen, the party’s interim leader, welcomed the judgment handed down by Judge President Dunstan Mlambo in Pretoria.
“The DA welcomes the judgment handed down today in the North Gauteng High Court in the matter of Democratic Alliance and 3 others v The Premier for the Province of Gauteng and 16 others, in which the decision by the Gauteng provincial government to place the City of Tshwane under administration was overturned. The judgment also ordered all ANC and EFF council members to attend future council meetings unless they have a lawful reason to be absent,” said Steenhuisen.
“This is an important victory not only for the residents of Tshwane, but for each and every citizen residing in towns and cities across South Africa, as this judgment will protect them too from the undemocratic interference of ANC-led provincial governments. Today was indeed a victory for democracy.”
“Next year’s Local Government Elections will no doubt see the ANC lose even more municipalities to minority governments. If they were allowed to get away with this blatant power grab in Tshwane, nothing would have prevented ANC-led provincial governments from doing the same wherever voters sent them packing.”
Steenhuisen said Mlambo was scathing on the conduct of the ANC and the EFF, and MEC of Local Government Lebogang Maile.
Steenhuisen said Maile should be suspended with immediate effect following the judgment.
“He [Judge Mlambo] was equally scathing of the inability of Gauteng COGTA MEC, Lebogang Maile – and by extension, the Gauteng Executive Council and Premier David Makhura – to bring these truant councillors to book despite having the power of the Systems Act Code to do so, saying that this would clearly have been a more appropriate course of action than the dissolution of council,” said Steenhuisen.
“In the light of the judge’s devastating comments on the role Maile played in the collapse of the Tshwane council, we have no choice but to call for his immediate suspension. The DA will also now consider taking action in the NCOP, where the ANC was equally complicit in their eagerness and haste to support this power grab.”
After the dissolution of the City of Tshwane municipality in March, Maile said placing the city under administration would bring more stability.
The city has been without leadership for three months now after a series of meetings meant to elect a new mayor and appoint an acting municipal manager collapsed.
ANC Gauteng Provincial Secretary Jacob Khawe said the party has noted the high court ruling on the matter of the dissolution of Tshwane Metropolitan Municipality.
“We note the ruling in line with established organisational processes of respecting the judiciary as an important and integral part of the democratic state,” said Khawe.
“ANC Gauteng Province is currently studying the content of the court ruling and will accordingly advice on the way forward in due course. Since the 2016 Local Government Elections the ANC has been working on reconnecting with Tshwane communities to better serve them having accepted the democratic process that unfolded in Tshwane council giving rise to a coalition arrangement led by the DA.”
“During the engagement with various sectors of society in Tshwane, there was an outcry from many communities who expressed concern about the deteriorating levels of service delivery, maladmistration and political instability in the DA-led coalition government.”
(Compiled by Inside Politics staff)