DA turns to courts to set aside Tshwane dissolution

2020-03-13 19:20
DA mayoral candidate in Tshwane Randall Williams.

DA mayoral candidate in Tshwane Randall Williams. (Supplied, DA)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

The DA has approached the Gauteng High Court in Pretoria in a bid to have the provincial executive committee's decision to place Tshwane under administration set aside.

The party has argued before court that the dissolution decision was taken for political purposes.

Filing an urgent application on Friday, the DA believes they have a strong case to argue against the dissolution of the capital city's council.

In court papers, the DA's mayoral candidate in Tshwane, Randall Williams, said the decision to dissolve the Tshwane council and place the City under administration was purely political.

READ | City of Tshwane to be placed under administration

According to Williams, Gauteng Cooperative Governance MEC Lebogang Maile's "unlawful meddling in the municipality" coupled with the refusal of ANC and EFF councillors to attend council meetings, are a clear indication that the dissolution decision was political.

Abject failure

"This is also clear from the Gauteng executive committee's abject failure to intervene in other municipalities."

Williams also argues that the Gauteng executive committee did not issue any prior notice of its intention to dissolve the Tshwane council and that it also remains unclear what executive obligations the council has failed to fulfill.

Williams said the substantive requirements for the dissolution decision were not met, which make it unlawful.

READ | Process of appointing an administrator for Tshwane under way - Gauteng Provincial Executive Council

He further contends that even if there was a basis to intervene in the municipality, dissolution should not be the first resort and that less intrusive means should be pursued first.

"It's first intervention was the most radical possible measure, namely, the dissolution of council," Williams said.

The DA is seeking an order to review, set aside and declare the dissolution decision invalid.

Order

The party wants an order to compel ANC and EFF councillors to "comply with their statutory obligations to attend and remain in attendance at meetings of the council".

READ | Another Tshwane council meeting ends before it starts

Earlier in March, Gauteng Premier David Makhura announced that Tshwane would be dissolved and placed under administration and that by-elections are expected to take place within 90 days of the appointment of administrators.

Those implicated in the matter as respondents have not yet filed opposing papers. 

Read more on:    da  |  pretoria  |  politics
NEXT ON NEWS24X

Inside News24

 
/News
Traffic Alerts
Traffic
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.