In the matter between the provincial government and the DA, the SCA found that the Pretoria High Court was correct to conclude that the running of Tshwane by an unelected administrator was the antithesis of democratic and accountable government as enshrined in the Constitution.
The Tshwane Council. Picture: @TshwaneANC/Twitter.
JOHANNESBURG – The Supreme Court of Appeal (SCA) has dismissed the Gauteng executive council and Cooperative Governance MEC’s bid to have a High Court judgment that set aside its decision to place the Tshwane Municipality under administration.
In the matter between the provincial government and the Democratic Alliance (DA), the country’s second-highest court found that the Pretoria High Court was correct to conclude that the running of Tshwane by an unelected administrator was the antithesis of democratic and accountable government as enshrined in the Constitution.
The appeal court’s decision comes before the delivery of a judgment on the same matter at the Constitutional Court where the Gauteng executive council and the Economic Freedom Fighters (EFF), among others, are contesting the decision of the Pretoria High Court in favour of the DA.
The High Court had ordered that the dissolution of the Tshwane council be reviewed and set aside, directing the African National Congress (ANC) and EFF councillors to attend council meetings.
The council deadlocked after councillors belonging to the two parties collapsed meetings by staging walkouts and other forms of protest, as they were opposed to the DA’s coalition government in the municipality.
The events had an adverse impact on the lives of residents as budgets could not be approved, jeopardising service delivery.
In the judgment, the SCA stated that the High Court order cannot be faulted as it intended to ensure that councillors duly elected by citizens of Tshwane in 2016 were allowed to resume their rightful constitutional role, powers and responsibilities.
