DA wins Tshwane back in court battle

The DA has regained control of the Tshwane metro after a lengthy court battle with the ANC.

The DA coalition government was dissolved in March this year following months of squabbling in the council, prompting the DA’s bid to have the Gauteng government’s decision reviewed in court.

As the city spent months with no mayor, council or a permanent city manager, the DA accused the ANC appointed administrators in the city of wanting to politically fill vacancies.

The Supreme Court of Appeal (SCA) ruled in favour of the DA on Tuesday morning.

DA MPL Mike Moriarty said the party welcomed the long-awaited judgement handed down today in the Supreme Court of Appeal in which the DA’s Section 18(3) application was granted, which will reinstate the DA in the city of Tshwane and oust the “unlawful” ANC administrators.

“It was obvious from the court judgement that the ANC’s action to put City of Tshwane under administration eight months ago was a politically motivated power grab on the part of Gauteng cooperative governance MEC Lebogang Maile,” said Moriarty.

The SCA affirmed the original judgement by the North Gauteng High Court, which stated “the running of the City of Tshwane by an unelected (sic) administrator is the very antithesis of democratic and accountable government for local communities, enshrined in s 152(1)(a) of the Constitution”.

“The court’s order properly ensures that the councillors, duly elected by the citizens of Tshwane in 2016, are allowed to resume their rightful constitutional role, powers and responsibilities. The order gives effect to the rights of voters and preserves the autonomy of local government. It cannot be faulted.”

The DA said it would ensure Maile was personally held to account for all legal costs and the state of chaos and mismanagement the city was in.

– simnikiweh@citizen.co.za

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