The Constitutional Court has ordered the human settlements of Gauteng MEC, urban planning, cooperative governance and the traditional Lebogang Maile, to initiate an investigation into the crisis in the city of Tshwane.
The apex court on Monday overturned the April 2020 ruling of the plenary of the North Gauteng High Court (President of Gauteng Judge Dunstan Mlambo, Judges Sulet Potterill and Natvarlal Ranchod), which declared the government’s decision invalid. provincial to dissolve the council and set it aside.
The ruling was in favor of the DA, which ran the municipality until the council was dissolved in March, and had argued that the dissolution of the council by the province was illegal, as it did not meet the procedural requirements of the Constitution. .
The provincial government, the ANC and the FEP approached Concourt, who ruled as follows: Local government: Municipal Systems Act 32 of 2000, to appoint a person or committee to investigate the cause of the Municipal Council’s stalemate Metropolitan of Tshwane City and to make a recommendation on an appropriate sanction, ”the majority ruling says.
The apex court modified the mandamus granted by the high court, which is a court order to a government official ordering the official to properly perform his official duties.
Appealing against the high court ruling, Gauteng Prime Minister David Makhura, his executive council and Maile had argued that the order was far-reaching as it forced councilors to attend meetings of the Gauteng. advice, but could not force them to vote.
Maile said the reasons for the council’s dissolution were: the instability that resulted from the fact that the municipality did not have a mayor, mayoral committee or city manager at the time, a leadership crisis that left its council with barely able to function, widespread corruption, the water crisis in Hammanskraal, the serious concern to return the subsidies allocated for the provision of services and to breach its obligations in terms of subsidy expenses.
He said the municipality was also operating with suspended key portfolio managers, widespread corruption and mismanagement at its Wonderboom national airport and accumulating £ 5bn in irregular spending.
The Constitutional Court dismissed Makhura, Maile and EFF’s applications for leave to appeal the high court’s ruling.