EC government should 'hang head in shame' for failing Makana people - judge

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In dismissing the application for leave to appeal, judge Igna Stretch said the province and municipality should “hang their heads in shame” for the way they had failed the citizens of Makana.

The executive said it had intended stepping in to intervene in terms of section 139 of the constitution. This is a less drastic step, in terms of which provincial government would impose a financial recovery plan on the municipality rather than dissolve the council.

She said given the long history of the dysfunctional municipality and the fact that its council blatantly ignored solutions specifically formulated for it to implement, and the fact that the provincial executive did not bother to intervene to address this, she believed no other court would find differently to the way she had.

Stretch’s decision to reject the application for leave to appeal means that the UPM’s application to have the judgment immediately implemented pending an appeal falls away.“History tells us that the people will always win.”

 

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