Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20) [2020] ZAGPPHC 330 (10 June 2020)

Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20) [2020] ZAGPPHC 330 (10 June 2020)

The court found that the continued control of the City of Tshwane by an unelected administrator beyond the constitutionally mandated 90-day period constitutes exceptional circumstances justifying the execution of the main order pending appeal. The extension of the administrator's term, resulting from the postponement of elections due to the Covid-19 pandemic and the pending appeals, breaches peremptory constitutional provisions and undermines democratic governance. The applicants established irreparable harm both to themselves and to the citizens of Tshwane, as the denial of elected representation violates constitutional rights. The respondents failed to demonstrate any irreparable harm...

Citation
[2020] ZAGPPHC 330
Parties
Applicant: Democratic Alliance; Applicant: Randall Mervyn Williams; Applicant: Christo Mauritz van den Heever; Applicant: Zwelibanzi Charles Khumalo; Respondent: Premier for the Province of Gauteng; Respondent: Executive Council for the Province of Gauteng; Respondent: Minister for Co-operative Governance and Traditional Affairs; Respondent: Chairperson of the National Council of Provinces; Respondent: MEC for Co-operative Governance and Traditional Affairs, Gauteng; Respondent: City of Tshwane Metropolitan Municipality; Respondent: African National Congress; Respondent: Economic Freedom Fighters; Respondent: Congress of the People; Respondent: African Christian Democratic Party; Respondent: Pan Africanist Congress of Azania; Respondent: Freedom Front Plus; Respondent: All Tshwane Councillors who are members of the ANC; Respondent: Members of the EFF; Respondent: The Remaining Tshwane Councillors; Respondent: Speaker of the Gauteng Provincial Legislature; Respondent: Electoral Commission; Respondent: Paul Nawa; Respondent: South African Municipal and Allied Workers Union
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 June 2020
Case Number
18577/20
Procedural Posture
Urgent Application / Application Under Section 18(3) of the Superior Courts Act for Interim Execution Pending Appeal
Outcome
Application granted. The main order remains in operation and is to be given effect pending the outcome of appeals.
Judges
D Mlambo, S Potterill, N Ranchod
Legal Topics
Municipal Dissolution, Section 18 Interim Execution, Local Government Elections, Constitutional Rights, Exceptional Circumstances, Irreparable Harm
Constitutional Law Administrative Law Civil Procedure Municipal Dissolution Section 18 Interim Execution Local Government Elections Constitutional Rights Exceptional Circumstances +1 more

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Parties

Democratic Alliance

Applicant

Randall Mervyn Williams

Applicant

Christo Mauritz van den Heever

Applicant

Zwelibanzi Charles Khumalo

Applicant

Premier for the Province of Gauteng

Respondent

Executive Council for the Province of Gauteng

Respondent

Minister for Co-operative Governance and Traditional Affairs

Respondent

Chairperson of the National Council of Provinces

Respondent

MEC for Co-operative Governance and Traditional Affairs, Gauteng

Respondent

City of Tshwane Metropolitan Municipality

Respondent

African National Congress

Respondent

Economic Freedom Fighters

Respondent

Congress of the People

Respondent

African Christian Democratic Party

Respondent

Pan Africanist Congress of Azania

Respondent

Freedom Front Plus

Respondent

All Tshwane Councillors who are members of the ANC

Respondent

Members of the EFF

Respondent

The Remaining Tshwane Councillors

Respondent

Speaker of the Gauteng Provincial Legislature

Respondent

Electoral Commission

Respondent

Paul Nawa

Respondent

South African Municipal and Allied Workers Union

Respondent

Procedural Posture

Urgent Application / Application Under Section 18(3) of the Superior Courts Act for Interim Execution Pending Appeal

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify execution of the main order pending appeal.
  2. 2 Whether the applicants will suffer irreparable harm if the order is not executed.
  3. 3 Whether the respondents will suffer irreparable harm if the order is executed.

Ratio Decidendi

The court found that the continued control of the City of Tshwane by an unelected administrator beyond the constitutionally mandated 90-day period constitutes exceptional circumstances justifying the execution of the main order pending appeal. The extension of the administrator's term, resulting from the postponement of elections due to the Covid-19 pandemic and the pending appeals, breaches peremptory constitutional provisions and undermines democratic governance. The applicants established irreparable harm both to themselves and to the citizens of Tshwane, as the denial of elected representation violates constitutional rights. The respondents failed to demonstrate any irreparable harm...

Court Disposition

Application granted. The main order remains in operation and is to be given effect pending the outcome of appeals.

Orders

  • The matter is heard as an urgent application; forms and service are dispensed with.
  • SAAMWU is admitted as a respondent.