TIMELINE | From the dissolution of Tshwane's council to the election of a new mayor

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Tshwane speaker Katlego Mathebe.
Tshwane speaker Katlego Mathebe.
Isabel Venter
  • The City of Tshwane is expected to elect a new mayor on Friday.  
  • This after a ruling by the Supreme Court of Appeal that upheld a judgment by the Gauteng High Court in Pretoria which overturned the Gauteng executive council's decision to dissolve the council. 
  • The High Court found the decision to dissolve the municipality was unlawful. 

The City of Tshwane is expected to hold its first council meeting in almost eight months to elect a new mayor.

On Tuesday, Tshwane speaker Katlego Mathebe resumed her duties following an intense legal battle that was borne out of the Gauteng executive council's decision to dissolve the council in March, News24 earlier reported.

This saw the City of Tshwane remaining leaderless politically for most of the year.

In February this year, DA member Stevens Mokgalapa resigned amid an alleged sex scandal.

In March, Gauteng Premier David Makhura announced the executive council in the province was invoking Section 139(1)(c) of the Constitution.

It meant an administrator would be appointed to run the City's affairs and fresh elections would be held within three months. 

READ | Gauteng govt approaches ConCourt to challenge finding that dissolution of Tshwane council was unlawful

The DA decided to challenge the case in the High Court, arguing Makhura and his exco had dissolved the council for political reasons.

And in April, the court ruled in the DA's favour and found the decision to dissolve the council unlawful.

"The decision of the Gauteng executive council to dissolve the City of Tshwane Metropolitan, taken on 4 March and communicated to applicants on 10 March, is reviewed, declared invalid and set aside.

"Interference from one sphere of government into another sphere, as we have here, is seen as most intrusive and can only be resorted to in exceptional circumstances," the court found.

Following the judgment, Makhura and the executive council launched a conditional application for leave to appeal to the Supreme Court of Appeal (SCA) pending the application for direct access to the Constitutional Court.

The DA then launched an application in terms of section 18(3) of the act in the Gauteng High Court in Pretoria to implement the full court's decision pending the appeal process. 

ALSO READ | Tshwane council on Friday expected to elect new mayor for rudderless administration

On 20 June, the High Court ruled in the DA's favour.

It found there were exceptional circumstances justifying the granting of the relief sought by the DA, saying it would suffer irreparable harm if the order was not granted.

The High Court said pending the outcome of the application for leave to appeal or appeals by the Gauteng government the order of the High Court made on 29 April should remain operational.

Makhura and his exco then approached the SCA against the order putting into operation the judgment and orders made by the High Court pending an application for direct appeal to the Constitutional Court and the conditional appeal.

The SCA then dismissed the Gauteng government's appeal and ruled in favour of the DA, paving the way for councillors to be reinstated. 

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