MEC Maile to consult after ConCourt ruling on Tshwane administration- 07 October 2021

Office of the Premier 2021/10/06 - 22:00



Thembisa Shologu

Cooperative Governance and Traditional Affairs MEC, Lebogang Maile will consult the Premier and the Executive Council (EXCO) on the way forward after the Constitutional Court pronouncement to set aside the decision to put the City of Tshwane council under administration.

In a majority judgment handed down on Monday, the ConCourt's found the decision by the Gauteng executive to dissolve the council was unwarranted. It ruled that Maile must investigate the cause of the deadlock and dysfunctionality of the council of the City of Tshwane.

The Gauteng EXCO took the decision to dissolve the council and put the city under administration for eight months, after it failed to successfully hold council meetings in terms of the Constitution.

Briefing the media in Sandton on Wednesday, Maile maintains the provincial government had no choice but to intervene in the council to execute its obligations.

He said while the ConCourt found the dissolution of the council was unwarranted, all the courts that dealt with the matter - including the apex court - confirmed their stance that the Tshwane council was dysfunctional, deadlocked and paralysed at the expense of service delivery.

"The reasoning of the second, Supreme Court of Appeal, and third judgments penned by Jafta J and Mogoeng CJ, respectively, is very sound and it is no wonder that the opponents of the province deliberately choose to refrain from mentioning same." 

The MEC said after studying the judgment, he will consult the premier and the provincial council  on the way forward especially on the order that he must invoke his powers to conduct a full investigation into the cause of the deadlock and dysfunctionality

Maile went on to call out what he labelled the deliberate attempt by opponents to discredit the administrators and the impression that ConCourt judgment was unanimous.

"We would like to categorically refute and dismiss the constant, unfounded attacks on the competency and integrity of the team of administrators deployed in Tshwane for the duration of the intervention. 

"This was a team of technically proficient, qualified, skilled, seasoned administrators who restored stability and governance to the City of Tshwane, whilst working amidst the unique environment of COVID-19."​

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