Tshwane council chamber.
Deaan Vivier, Gallo Images, Netwerk24
- The Gauteng High Court in Pretoria has ruled in the DA’s favour to enforce a previous judgment for the Tshwane council to resume while appeals processes unfold.
- The court said there was no option but to grant the request in terms of Section 18(3) of the Superior Courts Act.
- This means the administrators appointed to oversee the running of the City of Tshwane must vacate office as soon as possible.
The Gauteng High Court has ruled that the DA’s bid to resume the council in City of Tshwane, while appeal bids in the Constitutional Court are still pending, may go ahead.
It means a new mayor can be elected by the end of the week, while the acting City manager is expected to continue in that role.
An electronic judgment on the matter was handed down with costs on Wednesday by a full Bench – Judge President of the Gauteng High Court Dunstan Mlambo, Judge Sulet Potterill and Judge Natvarlal Ranchod.
The three ruled that a judgment handed down by the same court in April remain operational, pending the outcomes of the applications for leave to appeal, which have been logged by the Gauteng government and the EFF.
A costs order was also awarded against Gauteng Premier David Makhura, the executive council of Gauteng, the MEC for Cooperative Governance and Traditional Affairs, the South African Municipal and Allied Workers Union, as well as the EFF and its councillors in Tshwane.
Unlawful
In April, the High Court ruled that the decision by Makhura and his executive council to dissolve the municipality was unlawful.
READ | DA wins court challenge against Gauteng government over dissolution of Tshwane council
The Gauteng government and the EFF are challenging the outcomes, which are likely to be heard in the Constitutional Court in September.
The judgment also forces the red berets and the ANC to sit through proceedings without walking out. This is a matter the two are also challenging in the Constitutional Court, which the DA said it will oppose.
READ MORE | DA prepares legal fightback against ANC EFF in the battle for Tshwane
“We hold that exceptional circumstances are present justifying the relief sought. Ordinary cases regarding Section 18(3) do not involve situations that breach peremptory provisions of the Constitution,” read the judgment.
The court, in addressing the DA’s concerns over the uncertainty in the municipality, said none of the respondents gave a “crisp” response to explain whether the set of administrators led by former West Rand mayor Mpho Nawa could continue beyond the 90 days they were meant to be in office.
Harm
While it felt both the DA and Tshwane residents would suffer irreparable harm, it ruled that the respondents in the matter, would not.
“The citizens of the city have a fundamental constitutional right to be governed by those they elected. The denial of this right for longer than the constitutionally permitted 90 days would, in our view constitute irreparable harm,” said the judges.
It said the relief granted in this regard meant councillors elected in the capital city in 2016 would be allowed to resume their “rightful constitutional role, powers and responsibilities”.
The court shut down both ideas of the administrator continuing to preside over the City well beyond the period of 90 days, which could be extended to 120 days, as well as elections going ahead, saying neither of these options were tenable or consistent with the Constitution, which meant there was no other option but to grant the Section 18(3) relief.
The High Court also said it would be premature to say if the appeals would or would not be successful.
