Premier jumps gun on Tshwane
Forced to backtrack: didn’t follow legal procedures, consultation with Cogta and National Council of Provinces
THE GAUTENG government has backtracked on its decision to dissolve the City of Tshwane, and the appointment of an administrator to run the affairs of the metro. The administrator and officials to assist were due to be made known this week, but this has since been put on hold.
Premier David Makhura’s spokesperson, Vuyo Mhaga, yesterday said the City of Tshwane’s council meeting scheduled for tomorrow would discuss the election of a new mayor, the adoption of the adjustment budget, and if the appointment of an acting municipal manager was legitimate.
Mhaga added that the dissolution of the City of Tshwane would only take effect after 14 days, should the Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini Zuma and the National Council of Provinces (NCOP) reach agreement.
Makhura announced the dissolution of the Tshwane metro last week, stating that it was “with immediate effect” following his cabinet decision on Wednesday.
Makhura had said: “The Gauteng executive council met on Wednesday to assess the developments in Tshwane and decided to invoke section 139(1) (c) of the Constitution, meaning that the Tshwane municipal council was dissolved, and an administrator appointed to run the metro until a new council was elected within 90 days.
“This decision is informed by ongoing mismanagement of the City,” he claimed. Makhura also said he would announce the person to take over the reins, including the names of the officials to assist him or her.
But Makhura has made an aboutturn, saying “following the decision to invoke section 139(1)(c) of the Constitution to dissolve the Tshwane municipal council and place it under administration, the Gauteng provincial executive council is undertaking a process of informing various stakeholders of this decision”.
Makhura said he and the members of his executive council would this week report to various stakeholders and communities in the City on the decision, and further consult them on the urgent service delivery issues that must receive priority attention from the administrator.
“The process of appointing the administrator is under way but he/she will only assume official duties after 14 days, once there is concurrence from the Cooperative Governance and Traditional Affairs minister and the National Council of Provinces,” Makhura said.
He claimed his provincial cabinet had written notices to Dlamini Zuma, the chairperson of the National Council of Provinces, Amos Masondo, the
Speaker of the Legislature, Ntombi Mekgwe, and the speaker of the Tshwane council Katlego Mathebe.
But legal expert Professor Mbuzeni Mathenjwa, who specialises in constitutional law and local government law at Unisa, said the Constitution only provided that when an MEC dissolved a municipality after a Cabinet decision, he or she must first inform the legislature, the Cooperative Governance and Traditional Affairs minister and the NCOP.
Mathenjwa said the next phase of the provision to finally dissolve the metro would only come into effect after 14 days, “unless it has been approved by the minister and the National Council of Provinces”.
Makhura had jumped the gun by announcing the dissolution prior to informing Dlamini Zuma and Masondo.
And for now, the DA has temporarily suspended its intended legal action against the dissolution, pending the contents of the written notices.