ANC accuses judges of pro-DA bias
● Gauteng premier David Makhura has made a startling claim, accusing judges of the North Gauteng High Court of colluding with the DA and handing down judgments favourable to the party.
Makhura said the DA often scored victories against the ANC-led government in the Pretoria court because it entered into “arrangements” with judges.
This comes as the ANC is embroiled in a legal battle with the DA over the removal of both the Tshwane council speaker, Katlego Mathebe, and the metro’s mayor, Stevens Makgalapa.
At a media event this week, Makhura made the accusations at least twice, saying the DA would lose if it took its cases to the South Gauteng High Court in Johannesburg.
The North Gauteng High Court on December 6 granted an interdict that nullified Tshwane council proceedings the previous day in which the EFF and ANC voted the DA out of power in the metro. The case returns to court on Tuesday.
“This thing the DA says, that ‘No, these guys, what they are going to do is unconstitutional and unlawful’, they can only get a lawyer, a judge in the North Gauteng High Court who they brief in some corner there.
“Yeah, I am telling you that. They will not go to the South Gauteng High Court and win,” said Makhura.
The DA was hoping his government would place Tshwane under administration so it could challenge the decision in the same court, he said.
“But the DA wish we had made a mistake, because they would go to the North Gauteng High Court. I am saying this to you guys deliberately. You know what I mean, this is a subtext for something, and find a judge there who will award every decision to them. We won’t make that mistake,” said Makhura.
ANC Tshwane regional chair Kgosi Maepa said there were ir- regular aspects to the December 6 court order. For example, it did not identify either the applicants or the respondents.
“We can only say that we find the order strange … it is not citing applicants and then the DA says they are co-applicants [in the matter].
“In the papers, they have even changed the applicants … the person who is now making [a supplementary affidavit] is Christiaan van der Heever and the person who made the first application was Crezane Bosch,” said Maepa.
The court order carried two case numbers, which was “unusual”.
“I am advised that such glaring omissions and commission are evidence of impropriety and proof that the order was granted erroneously,” he said.
“[The ANC] has instructed its legal representatives to approach the judge president [Dunstan Mlambo] for a full investigation into this impropriety.” Nathi Mncube, spokesperson for chief justice Mogoeng Mogoeng, could not be reached for comment.
Helen Zille, the DA’s federal chair, has rejected Makhura’s allegations.
“The DA would never seek to pervert the course of justice. Tshwane is in the North Gauteng division of the court, and so in any case involving Tshwane it is necessary to approach the North Gauteng division,” she said.
“To say that we did this with any ulterior motive is entirely false, not to mention a serious reflection on the judiciary. We were granted the interdict against the ANC/EFF because the methods they used to remove the mayor were unlawful and unconstitutional.”