DA wins court bid to have Tshwane councillors back
The Tshwane council is set to sit this Friday to elect a new mayor.
Tshwane metro’s current administrators have about 48 hours to vacate office.
This as the Gauteng High Court ruled in favour of the DA’s application to have the court judgement declaring the dissolution of the Tshwane Council illegal implemented immediately.
Legal costs will be paid by the provincial government and other contestants.
Councillors will return to their offices while the administrators vacate, with only head administrator Mpho Nawa left in the post of acting metro manager.
DA mayoral candidate Randall Williams said the judgement preserved the constitutional requirement that municipalities should be run by representatives of the people “without fear of bullying or interference by any provincial government”.
“Winning this case was a major victory,” he said.
The judgement set in place as the provincial government appeal judgment was still pending.
ALSO READ:DA confident about court application to restore Tshwane metro council
Usually, a judgement gets suspended when an appeal has been filed; unless there were exceptional circumstances, the judgement would not be granted.
The administrators’ three month period came to an end on Wednesday and the court found there would be a “constitutional bridge” should the administrators govern the metro past the set 90 days.
“If this application is refused, an unelected administrator will remain in place accountable only to the Gauteng Executive Council (GEC) that appointed him and for a period far beyond that envisaged in the constitution,” the court judgement said.
“It cannot be overlooked that the provincial government is controlled by a party that did not win the 2016 Tshwane municipal elections.”
The judgement reiterated the initial court judgement that the ANC and EFF have a legal obligation to attend council meetings.
A failure to do so would put them in contempt of court.
“Today’s court judgment is a crucial victory for residents because it entrenches their right to be governed by the representatives they elected,” Williams said.
“The reinstated councillors will immediately begin planning a council meeting to ensure a mayor can be elected.”
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