DA to file papers to fast-track high court ruling on Tshwane council dissolution
The future of the capital city's leadership remains in limbo, while the matter may now have to be decided by the highest court in the land.
The DA’s Mike Moriarty, centre, outside the Joburg Council after the vote for Joburg Mayor was postponed on 28 November 2019. Picture: Michel Bega
As the Tshwane leadership battle continues, the DA said it would on Monday file papers to the High Court in Pretoria in a bid to have a judgment on the dissolution of the Tshwane Council be considered effective immediately.
In late April, Judge Dunstan Mlambo set aside Cooperative Governance and Traditional Affairs (Cogta) MEC Lebogang Maile and the Gauteng provincial government’s decision from March 4 to place the Tshwane metro under administration.
After Mlambo set aside the decision for the dissolution of the Tshwane metro council, the ANC, as well as the EFF, launched applications appealing Mlambo’s ruling.
Labelling the ruling confusing, Maile said the Gauteng provincial government would appeal it as they needed more clarity.
The matter will now be taken to the Constitutional Court, as “we are still of the firm view that the reasons … to dissolve the Tshwane municipal council are very solid, with merit, as contained in the dissolution notice”, Maile said.
He said the Gauteng provincial executive believed the Constitutional Court would overturn Mlambo’s decision.
The DA has said it intends to oppose the appeals launched by both the EFF and ANC, as these made it challenging to move forward and restart council.
“We will ask the court to use rule 18 subsection 3 to order that the judgment to overturn the dissolution of Tshwane Council be effective immediately and thus not be held up by appeals,” said DA Gauteng chairperson Mike Moriarty.
Mlambo, who ordered all council members to attend council meetings, ruled that the order to council members was suspended pending the lifting of level five of the Covid-19 restrictions.
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