Criteria to place Tshwane under administration not met, DA argues in ConCourt

The DA contended that the Gauteng provincial government was wrong to place the municipality under administration as per Section 139 of the Constitution.

The Tshwane Council. Picture: @TshwaneANC/Twitter.

JOHANNESBURG – The Democratic Alliance (DA) on Thursday told the Constitutional Court that the situation in the City of Tshwane Metropolitan Municipality could not be described as exceptional, which meant it did not meet the criteria for being placed under administration.

The DA contended that the Gauteng provincial government was wrong to place the municipality under administration as per Section 139 of the Constitution.

The party, which opposed the matter brought to the Constitutional Court, emphasised that their argument was about procedural fairness.

The DA argued that the Tshwane municipal council was not given enough time or opportunity to ventilate the issues before it, which led to it being placed under administration.

Lawyers for the appellants, who included the provincial government, the ANC and EFF, disputed this submission and stated that the provincial executive committee had proven there were exceptional circumstances that led to the decision to dissolve the council.

The matter involves the appellants’ application for direct leave to appeal against a judgment and order of the Pretoria High Court.

The High Court reviewed and set aside the decision taken by the Gauteng executive council in March to dissolve the Tshwane metro council and place it under administration.

Judgment was reserved.

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