Tshwane elections halted as courts mull over council dissolution

Tshwane metro council by-elections were halted until the Constitutional Court and Supreme Court of Appeals hand down their judgments, Pretoria Rekord reports.

In a statement, the electoral commission said it could not proceed with the by-elections until the metro council dissolution matter was decided by the courts.

This will see the administrators staying longer in office.

On 4 May, the Electoral Court granted the postponement of the by-elections for Tshwane metropolitan beyond 90 days but not beyond 120 days.

Initially, the postponement was said to be because of the Covid-19 outbreak; however, passing 120 days sees the postponement due to the Tshwane metro’s legal woes.

The commission said it was well prepared to conduct the by-elections in Tshwane in readiness for a court decision that may be in favour of the provincial government on its move placing the metro under administration.

“If the Constitutional Court finds in favour of Premier David Makhura and upholds the appeal, it would then mean the decision of the Gauteng Executive Council remains valid and binding. The municipal-wide by-elections in Tshwane would then have to proceed.”

However, if the Constitutional Court dismisses the appeal to the High Court’s ruling on council dissolution being unlawful, no elections would take place as councillors would be back in council.

In another court case, that of EFF at the Supreme Court of the Appeals (SCA) contesting the ruling to have the councillors back at council pending the appeals, will see councillors remain out of the council if the court rules in favour of the EFF.

“This then has the effect that judgement by the High Court is suspended until the Constitutional Court decides the application for leave to appeal by the Premier of Gauteng and others,” the commission said.

However, if the SCA finds against the EFF, it means councillors would get back at council until the application by the Premier before the Constitutional Court would be decided on.

“The IEC has an obligation of ensuring it abides the decision of the SCA as well as that of the Constitutional Court.”

The Tshwane metro issue was heard by the Constitutional Court on 10 September and judgement was reserved.