Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20) [2020] ZAGPPHC 813 (10 June 2020)

Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20) [2020] ZAGPPHC 813 (10 June 2020)

The court found that the continued administration of the City of Tshwane by an unelected administrator beyond the constitutionally mandated 90 days constitutes exceptional circumstances justifying the execution of the main order pending appeal. The Constitution strictly limits the term of an administrator to 90 days following municipal dissolution, and any extension is unlawful and undermines democratic governance. The applicants established irreparable harm both to themselves and to the citizens of Tshwane, who are deprived of their right to be governed by elected representatives. The respondents failed to demonstrate any irreparable harm that would result from reinstating the council,...

Citation
[2020] ZAGPPHC 813
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 for Interim Relief Pending Appeal
Outcome
Application granted. The main order remains in operation pending the outcome of appeals.
Judges
D Mlambo, S Potterill, N Ranchod
Legal Topics
Municipal Dissolution, Section 18 Superior Courts Act, Local Government Elections, Exceptional Circumstances, Irreparable Harm, Mandamus
Constitutional Law Administrative Law Civil Procedure Municipal Dissolution Section 18 Superior Courts Act Local Government Elections Exceptional Circumstances Irreparable Harm +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 for Interim Relief Pending Appeal

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify execution of the court's 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 administration of the City of Tshwane by an unelected administrator beyond the constitutionally mandated 90 days constitutes exceptional circumstances justifying the execution of the main order pending appeal. The Constitution strictly limits the term of an administrator to 90 days following municipal dissolution, and any extension is unlawful and undermines democratic governance. The applicants established irreparable harm both to themselves and to the citizens of Tshwane, who are deprived of their right to be governed by elected representatives. The respondents failed to demonstrate any irreparable harm that would result from reinstating the council,...

Court Disposition

Application granted. The main order remains in operation pending the outcome of appeals.

Orders

  • The forms and service provided for in the Rules of Court are dispensed with and the matter is heard as an urgent application.
  • SAAMWU is admitted as a respondent in this application.