Understanding the current situation in Tshwane

On 29 April the DA won a major victory in court declaring that the decision to dissolve the City of Tshwane Council was invalid and through this judgment have set this aside. The Judgment further ordered that a mandamus be put in place ordering all councillors from the ANC and EFF to remain in attendance of all council meetings. This would mean that the councillors will no longer be able to walk out of council meetings where Important decisions are taken to the benefit of the residents of Tshwane.

Gauteng’s MEC for Cooperative Governance, Lebogang Maile, submitted an appeal to the Constitutional Court as they were not satisfied with the outcome of the Judgment. As a result of this appeal, the Judgment was put on hold and councillors could once again not return to office, which left the ANC-appointed administrators to run the City.

The DA then proceeded to lodge a Section 18(3) application to the North Gauteng High Court to enable the Judgment Issued on 29 April to remain in full force pending the outcome of the Constitutional Court Appeal.

On 10 June the DA won a major victory in court through their Section 18(3) application enabling the legitimate councillors of the City of Tshwane to go back to work immediately!

This was yet another blow for the attempts by the ANC and EFF to seize power in Tshwane unlawfully, by having the City placed under the administration of the province.

The High Court previously overturned this power grab, but in order to hold onto the reins of power, the Gauteng Province launched yet another appeal against the court order.

Under normal circumstances, the court order would have been suspended until the appeal had been heard. But on 10 June, the court again thwarted the ANC/EFF’s strategy by ruling that the court order ending the power grab would take immediate effect, while awaiting the appeal, and that legitimate councillors can resume their duties.

The court ruled that the ANC’s illegal administrators cease their control of the City as soon as possible so that council can get back to work. Furthermore, the court ruled that the ANC and EFF now have a legal obligation to attend Council meetings so that the business of the day can get done (failure to do so will put them in contempt of court).

This exceptional judgment sets a precedent for other municipalities, should representatives elected by the people be subject to an attempted power grab by those who do not like the results of a democratic election. Election results are sacrosanct.

It is, however, unfortunate that Gauteng Cooperative Governance MEC, Lebogang Maile, has delayed proceedings by submitting yet another appeal.

Once again the ANC’s MEC would not accept that the courts will not allow the ANC to seize power unlawfully. He has decided to submit yet another appeal to the Supreme Court of Appeal in terms of Section 18(4) of the Supreme Courts Act.

This will once again delay councillors from getting back to work to serve the residents that voted them in.

We have written to the Supreme Court of Appeal to request that this matter be dealt with on an extremely urgent basis as per legislation, and a quick decision is anticipated.

The persistent attempts to undermine our democracy and rebuke the findings of the Judiciary must now end. Money wasted on the MEC’s attempt at an ANC Tshwane coup would be put to better use assisting residents who need the government to spend this money wisely, now more than ever.

The Council meeting that was scheduled for 12 June, and agreed upon by all party whips in Council, was therefore postponed. However, all our DA representatives in Tshwane will continue to serve residents to the best of their ability in the midst of the turmoil.

We thank you for your continued support and undertake to provide you with regular updates of new developments as and when they become available.

On the couch with Helen Zille on 5 May 2020 as we unpack the Tshwane Court Judgment

Some of DA-led Tshwane’s successes in government

Frequently asked questions