Maile to appeal high court ruling on Tshwane council dissolution
Maile said the administrator and a team of experts will continue running the City's affairs, until finalisation of the appeal process.
Gauteng MEC for cooperative governance Lebogang Maile. Picture: Itumeleng English / African News Agency (ANA)
Gauteng cooperative governance and traditional affairs MEC Lebogang Maile maintains the National Council of Provinces’ (NCOP) decision to accept recommendations on the dissolution of the Tshwane metro council was valid, with the necessary merit.
A majority of provinces during a sitting of the NCOP in the Gauteng legislature voted to adopt a report recommending the council’s dissolution following a number of failed council sittings.
Tshwane was placed under administration due to recurrent leadership squabbles while the municipality was without a mayor for close to a month after Stevens Mokgalapa resigned on February 26, following a leaked recording of him and colleague discussing council matters and allegedly having sex.
Maile maintains there needs to be finality on the issue and confirmed the matter would head to the Constitutional Court for a final verdict.
“We can’t be spending time in the court, so if it goes to the ConCourt and they decide, there is no other court, the matter is final and we proceed. We’re also seeking clarity ourselves. I think this is also important.”
He maintains the reasons to dissolve the Tshwane municipal council were solid with adequate merits.
“We considered the judgement on Tshwane. After consulting with legal counsel, we have decided to appeal the decision, as we are of the view that the court erred in several respects,” Maile said.
“In the interests of citizens and as a result of that, we feel it is important that a higher court, such as the Constitutional Court, clarify this once and for all, in a precedent-setting, binding manner.
“The high court judgement has created more confusion as opposed to providing greater clarity on the dynamic interplay between provincial and local government,” he concluded.
As the appeal process unfolds, Maile said the administrator and a team of experts will continue running the City’s affairs, until finalisation of the appeal process.
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