The Supreme Court of Appeal has ruled that the decision to set aside the dissolution of the council of the City of Tshwane, be immediately implemented, paving the way for the DA to elect a new mayor after almost eight months with no leadership.
The DA, which led the governing coalition in Tshwane until the council was unable to elect a new mayor after the former incumbent Stevens Mokgalapa resigned in the wake of a sex scandal, successfully applied to the high court earlier this year to review and set aside the decision by the provincial government to have the council dissolved.
In a majority judgment by the court delivered on Tuesday, the court dismissed the application for leave to appeal the high court order. rightly held that the circumstances of the case were exceptional, given that they involved the infringement of peremptory provisions of the constitution, and that the DA had made out a proper case that the running of the City of Tshwane by an unelected administrator is the antithesis of democratic and accountable government for local communities.
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