ConCourt: Placing City of Tshwane under administration was unlawful

In a majority judgement handed down on Monday morning, the apex court affirmed both the High Court and Supreme Court of Appeal’s rulings that the dissolution was unlawful.

The Tshwane Council. Picture: @TshwaneANC/Twitter.

JOHANNESBURG - The Constitutional Court has ruled that the 2020 decision to place the City of Tshwane under administration was unwarranted and not necessary.

In a majority judgement handed down on Monday morning, the apex court affirmed both the High Court and Supreme Court of Appeal’s rulings that the dissolution was unlawful.

The decision was taken by the Gauteng executive committee and rubber stamped by the National Council of Provinces – this as parties in the capital city clashed and often failed to conduct day to day business.

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In assessing whether the political crisis in the city, which included walkouts and led to council not fulfilling its executive obligations, the court said this did not justify a dissolution.

The Democratic Alliance has been in charge of the metro since 2016, having its own internal battles including changing mayors at least three times, but it’s also had its hands full dealing with members of the opposition.

Outgoing Tshwane Mayor Randall Williams has praised the outcome, saying the entire saga was orchestrated by the African National Congress with the assistance of the Economic Freedom Fighters.

“This is the second appeal that is being ruled upon – this time by the Constitutional Court – and after this, there are no further appeals. This means this is the final judgment and it stands that the administration process followed and the decision that was handed down by the ANC provincial government was unlawful.”

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