Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20)
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 represent…
Source excerpt
- Municipal Dissolution
- Section 18 Interim Execution
- Local Government Elections
- Constitutional Rights
- Exceptional Circumstances
- Irreparable Harm