Johannesburg - The Supreme Court on Tuesday upheld a ruling by a lower court which granted an application by the Democratic Alliance to reinstate council members in the Tshwane municipality who had been forcibly replaced by administrators from the ANC.
The DA, which is the main opposition party on a national scale, called the judgment a fantastic win which gave it the green light to immediately reinstate its councillors “so that we can roll up our sleeves and do what we were elected to do – serve the residents of South Africa’s capital”.
The Gauteng provincial government placed Tshwane municipality, home to the capital city, Pretoria, under administration in March, citing mismanagement and irregular expenditure.
Prior to this, the municipality had been run by a DA-led coalition after the ANC lost control in 2016 local government elections.
On Tuesday, the Supreme Court affirmed the original judgment of the Gauteng North High Court on the matter, finding that “the running of the City of Tshwane by an unelected administrator is the very antithesis of democratic and accountable government for local communities, enshrined in ... the constitution”.
“The court's order properly ensures that the councillors, duly elected by the citizens of Tshwane in 2016, are allowed to resume their rightful constitutional role, powers and responsibilities,” it added.
“The order gives effect to the rights of voters and preserves the autonomy of local government. It cannot be faulted.”
The DA said the court judgment made it clear that the ANC’s move to put Tshwane under administration some eight months ago was “a politically motivated power grab” by Gauteng member of the executive council Lebogang Maile.
It said it would ensure that Maile was personally held to account for all legal costs.
“For months residents of Tshwane have suffered, while Maile's friends and ANC cadres collected exorbitant salaries,” DA Gauteng chairman Mike Moriarty said in a statement.
African News Agency (ANA)