The DA has approached the North Gauteng High Court in Pretoria in a bid to have the provincial executive committee’s decision to place Tshwane under administration set aside.
The party has argued before court that the dissolution decision was taken for political purposes.
Filing an urgent application on Friday, the DA believe they have a strong case to argue against the dissolution of the capital city’s council.
In court papers, the DA’s mayoral candidate in Tshwane, Randall Williams, said the decision to dissolve the Tshwane council and place the City under administration was purely political.
According to Williams, Gauteng Cooperative Governance MEC Lebogang Maile’s “unlawful meddling in the municipality” coupled with the refusal of ANC and EFF councillors to attend council meetings, are a clear indication that the dissolution decision was political.
“This is also clear from the Gauteng executive committee’s abject failure to intervene in other municipalities.”
Williams also argues that the Gauteng executive committee did not issue any prior notice of its intention to dissolve the Tshwane council and that it also remains unclear what executive obligations the council has failed to fulfill.
Williams said the substantive requirements for the dissolution decision were not met, which make it unlawful.
He further contends that even if there was a basis to intervene in the municipality, dissolution should not be the first resort and that less intrusive means should be pursued first.
“It’s first intervention was the most radical possible measure, namely, the dissolution of council,” Williams said.
The DA are seeking an order to review, set aside and declare the dissolution decision invalid.
The party wants an order to compel ANC and EFF councillors to “comply with their statutory obligations to attend and remain in attendance at meetings of the council”.
Earlier in March, Gauteng Premier David Makhura announced that Tshwane would be dissolved and placed under administration and that by-elections are expected to take place within 90 days of the appointment of administrators.
Those implicated in the matter as respondents have not yet filed opposing papers.