Gauteng provincial govt will not appeal ‘Tshwane councillors back at work’ judgment
However, provincial government says it does not regret its decision in dissolving council.
Although the Gauteng provincial government will not be appealing the court judgment allowing Tshwane councillors back at work, it does
not regret dissolving the council.
Speaking at a media briefing on Monday, Cogta MEC Lebogang Maile said the Gauteng provincial government concluded to not appeal the Supreme Court of Appeals’ judgment.
This will be the first judgment not to be contested by the province in the legal debacle over Tshwane metro administration.
After spending almost a week mulling over the judgment, Maile said the province resorted to this as it waits for the constitutional court
judgment that would be landmarking for the provincial government.
“If the constitutional court finds in favour of the Gauteng executive council (Exco), the SCA judgment will be short-lived,’’ he said.
This would see councillors vacate the office permanently with a new council to be elected.
“Importantly, the reinstated councillors are at risk of being held liable to reimburse the municipality for the salaries and benefits they would have received, from 23 March 2020 (the date of dissolution) up until the date the judgment is delivered by the constitutional court in favour of the provincial government.“
However, should the constitutional court rule against the provincial government, council would continue carrying out their responsibilities.
“The constitutional court’s judgment is important, not just for Gauteng or Tshwane but for the whole country as it will clearly stipulate how section 139 must be implemented and administered. We are looking forward to that judgment – it will change how the provincial government interacts with municipalities,’’ he said.
“We accept whatever the judgment will be.“
Despite two courts not ruling in favour of the provincial government, Maile was confident that provincial governance did nothing wrong by dissolving Tshwane metro.
“The metro was being ran to the ground and we had to intervene to ensure our people get the services they need. We could not fold hands as a council. We had to intervene and we would do it again if we had to,” he said.
“If we had not intervened the councillors would still not be acting in a decent manner but now they remember their roles. Now there is dignity in council and that is what we want.’’
While the administrators are now out of work, Maile said he was proud of their work at the metro.
“The Gauteng government remains committed to provide support to municipalities in a concerted effort to improve and speed up service delivery. It is important to continue and provide stability in the administrative arm of the municipality. Thus, the acting city manager will continue in office, until a permanent city manager is appointed.’’
Maile also welcomed Tshwane’s newly elected mayor, Randall Williams.
“We are hoping we can all work together to ensure the best services reach our people.’’
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