DA takes back Tshwane after Supreme Court of Appeal ruling

SCA dismisses Gauteng government appeal on council dissolution

Gauteng premier David Makhura's ANC government lost its bid to appeal against the judgment regarding the dissolution of the Tshwane city council. File photo.
Gauteng premier David Makhura's ANC government lost its bid to appeal against the judgment regarding the dissolution of the Tshwane city council. File photo.
Image: Gallo Images / Sowetan / Antonio Muchave

The Supreme Court of Appeal (SCA) has dismissed a bid by the Gauteng provincial government to appeal a high court ruling that nullifies its move to dissolve the City of Tshwane council.

The capital city has been ruling without political leadership for almost a year after premier David Makhura's executive decided to dissolve the council following months of political instability in the city.  

Following the decision to dissolve it, the DA, which was running the city via a coalition government, approached the North Gauteng High Court.

The provincial government in turn applied for leave to appeal the matter at both the SCA and Constitutional Court.

While that process was ongoing, the DA further approached the same court to ask for it to grant permission to enforce its judgment, pending the appeal.

It won its application, but the Gauteng government approached the SCA to appeal the decision.

On Tuesday, the SCA dismissed the appeal with costs. 

In its judgment, the high court had ordered, among other things, councillors of both the ANC and the EFF to attend council meetings and remain at those meetings after several walkouts by the two parties caused meetings meant to elect a new mayor to collapse.

In a statement on Tuesday, Gauteng ANC secretary Jacob Khawe said the party noted the judgment and was studying it.

“The ruling is noted, in line with ANC-established organisational processes of respecting the judiciary as an important and integral part of the democratic state. ANC Gauteng is  studying the content of the court ruling and its implications and will advise on the way forward in due course after receiving advice from its legal team,” said Khawe.

He said because of the long time spent over the matter in court, Tshwane communities who are supposed to be better served have been affected.

“There have been serious concerns expressed about the deteriorating levels of service delivery, maladministration and political instability in the DA-led coalition government that led to the decision to dissolve the council,” said Khawe.

DA interim leader John Steenhuisen said: "This is a fantastic win for the DA and I am delighted the judgment has now given the DA the green light to immediately reinstate our government in Tshwane."

"We are now ready to get back to work serving the residents of Tshwane with a clean, efficient and innovative government."

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