The Star Early Edition

Battle for Tshwane looms

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BALDWIN NDABA

A LEGAL showdown between the DA and the ANC is looming following a decision by Gauteng Premier David Makhura to dissolve the City of Tshwane and appoint an administra­tor to run the affairs of the municipali­ty for the next month.

According to Makhura’s spokespers­on Vuyo Mhaga, the premier will announce the name of the administra­tor and “other profession­als to assist” next week.

Despite the controvers­y caused by the disbanding of the council, Mhaga was adamant that Makhura had followed legal processes to the letter.

While Makhura remained steadfast in his decision – DA Gauteng leader John Moodey last night said his party was in consultati­on with its legal team with the view to challenge the controvers­ial decision in the North Gauteng High Court.

Yesterday, legal expert Professor Mbuzeni Mathenjwa, who specialise­s in constituti­onal law and local government law at Unisa, said the Constituti­on provides that when the MEC dissolves a municipali­ty after a Cabinet decision, he or she must first inform the legislatur­e, the Minister of Co-operative Governance and Traditiona­l Affairs and the National Council of Provinces (NCOP).

Mathenjwa highlighte­d that the next phase of the provision often takes effect after 14 days “unless it has been approved by the minister and the National Council of Provinces.

He was adamant that the appointmen­t of an administra­tor can only happen after 14 days, saying “Makhura’s decision can be set aside by the Cogta Minister (Nkosazana Dlamini Zuma) and the NCOP”.

“There is a clear case law which found that the Western Cape government’s decision to dissolve certain municipali­ties in the province was premature. My view is that the Gauteng government was very harsh in its decision,” Mathenjwa said.

Moodey alleges that Makhura breached Section 139 of the Constituti­on and the DA was in consultati­on with its lawyers to challenge the decision. He said interventi­on was only allowed if exceptiona­l circumstan­ces warrant such a step, saying “having political parties that do not find each other in council meetings” did not amount to exceptiona­l circumstan­ces.

Political analyst Professor Lesiba Teffo also expressed doubts about the real motive of Makhura’s decisions, saying “if the decision is found wanting legally, it would be unfortunat­e”.

He said the real battle to remove the DA government in Tshwane began in December last year when Gauteng Co-operative Governance MEC Lebogang Maile endorsed the “undemocrat­ic removal of Council Speaker Katlego Mathebe”.

Political analyst Theo Venter of North-West University concurred that Makhura did not follow the correct procedures, saying: “He has given the DA an opportunit­y to prepare for a court case against his decision. If he had undertaken all legal processes, it would have made it difficult for the DA to challenge it in court.”

The ANC in Tshwane in the meantime has welcomed the provincial government’s decision about the City of Tshwane.

ANC regional chairperso­n Kgosi Maepa said this will allow the party to prepare for the upcoming by-elections in the region.

“We don’t want a coalition government. We want a decisive victory because the ANC is the only organisati­on in this country with a plan.”

 ?? OUPA MOKOENA African News Agency (ANA) ?? TSHWANE voters should brace themselves for a fresh election in three months time after the metro was placed under administra­tion yesterday.
OUPA MOKOENA African News Agency (ANA) TSHWANE voters should brace themselves for a fresh election in three months time after the metro was placed under administra­tion yesterday.
 ?? African News Agency (ANA) ?? THE DA’s John Moody, Randall Williams and John Steenhuise­n during a press conference on the political situation in the City of Tshwane. |
African News Agency (ANA) THE DA’s John Moody, Randall Williams and John Steenhuise­n during a press conference on the political situation in the City of Tshwane. |
 ??  ?? ANC chairperso­n in Tshwane Dr Kgosi Maepa addresses the media yesterday. | JACQUES
NAUDE African News Agency (ANA)
ANC chairperso­n in Tshwane Dr Kgosi Maepa addresses the media yesterday. | JACQUES NAUDE African News Agency (ANA)

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