The process of appointing an administrator for Tshwane is already under way as the Gauteng Provincial Executive Council waits for concurrence from Cooperative Governance and Traditional Affairs (Cogta) and the National Council of Provinces (NCOP) to place the capital city under administration.
Gauteng Premier David Makhura announced last week that the City would be placed under administration.
He said the Gauteng executive council had met to assess developments in the City and decided to invoke Section 139(1)(c) of the Constitution.
Makhura added that, in line with the legislation, the City would be dissolved and placed under administration. By-elections would then be held within 90 days of the appointment of administrators.
“The municipality is currently incapable of carrying out its constitutional obligations. The municipality does not have a mayor and there is no municipal manager. The council has failed to meet and consider matters that affect the functioning of the municipality and service delivery,” Makhura said at the time.
In a statement on Wednesday, the executive council said the process of appointing an administrator was under way, but that they would only assume official duties after 14 days.
“On 6 March 2020, the Provincial Executive Council submitted written notices to the Minister of Cooperative Governance and Traditional Affairs (Dr Nkosazana Dlamini-Zuma), the Chairperson of the National Council of Provinces (Mr Amos Masondo), the Speaker of the Provincial Legislature (Ms Ntombi Mekgwe) and the Speaker of the Council (Ms Katlego Mathebe),” the statement read.
“We await the concurrence by the minister and the National Council of Provinces within 14 days of receipt of the written notices.”
In the meantime, Makhura and members of the executive council have gone to ground, meeting with various stakeholders and communities in Tshwane to explain the decision and to consult on the urgent service delivery issues that must receive priority attention from the administrator.
“The decision we have taken will give the people of Tshwane a voice and an opportunity to elect new councillors and a new metro government.
“There is no turning back on the decision to invoke Section 139(1)(c) of the Constitution,” the executive council said.
Meanwhile, the DA announced their intention of not giving Tshwane up without a fight.
Several senior members in the party confirmed that they would be turning to the courts to interdict the municipality from being dissolved.
DA mayoral candidate for Tshwane, Randall Williams, said the ANC collapsed several council meetings in an attempt to create a dysfunctional municipality that could be placed under administration.
DA interim leader, John Steenhuisen, said the decision was an attempt by the ANC to grab power through the backdoor.
“It’s not only ill-founded in law, but there is no substance to the allegations for the reasons why he is putting Tshwane under administration.
“This is an assault on democracy. It’s an unwarranted intrusion by one sphere of government controlled by the ANC into another sphere controlled by ‘the opposition’,” Steenhuisen said.
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