The decision to place the City of Tshwane under administration overturned.
In this file photo, Gauteng cooperative governance and traditional affairs MEC Lebogang Maile says that the DA will be engaging in a futile exercise when they host a special meeting to elect a new mayor on Tuesday 10 March. Photo: Twitter/Lebogang Maile.
The DA has been successful in its court attempt to reverse the decision to place the Tshwane metro under administration.
The party went to court in March to challenge the decision, arguing that Gauteng Premier David Makhura and his exco had dissolved the council for political reasons.
The court found that the decision by Makhura and his exco was unlawful since it was interference from one sphere of government into another, which the court ruled was “most intrusive and can only be resorted to in exceptional circumstances”.
"The decision of the Gauteng executive council to dissolve the City of Tshwane metropolitan municipality taken on March 4 and communicated to applicants on March 10 is reviewed, declared invalid and set aside," the court ruled.
Due to the Covid-19 pandemic, the court ruled that the appointed administrator should continue to exercise his powers until the end of the lockdown.
Council will also receive their salaries and benefits.
In March, Makhura announced that the executive council was invoking Section 139(1)(c) of the Constitution. This meant an administrator would be appointed to the metro and fresh elections would be held within three months.
Meanwhile DA has called for the immediate suspension of Gauteng MEC for cooperative governance and traditional affairs (Cogta) Lebogang Maile following a court ruling invalidating the dissolution of the Tshwane council.