The Gauteng provincial executive is set to meet on Wednesday to discuss the crisis faced by the City of Tshwane after the Supreme Court of Appeal (SCA) yesterday nullified the appointment of an administrator in the metro.
The ruling by the appeal's court in Bloemfontein came on the back of the City of Johannesburg also being given seven days to answer to allegations of legislative and governance failure.
The Joburg metro is alleged to have failed to compile a budget that makes provision for Covid-19-related deviations, allowed irregular appointments and failed to convene council meetings on three occasions during the lockdown.
As result, MEC for CoGTA, Lebogang Maile, wrote to mayor Geoff Makhubo demanding a comprehensive response on the allegations he deemed "very serious with far-reaching ramifications on both the integrity and governance of the municipality".
The SCA on the other hand upheld the decision of the North Gauteng High Court in Pretoria which had set aside a decision by Maile to place the Tshwane council under administration.
The Tshwane council had been paralysed after the collapse of a DA-led coalition in February. In March the council was dissolved after a series of council meetings failed to convene and an administrator was later appointed. But the DA challenged the appointment in the high court and won.
Maile appealed a decision to the SCA and yesterday it confirmed his decision to place the municipality under administration was invalid and should be set aside. In the judgment, ANC councillors were ordered to attend and remain in attendance at all meetings of council “unless they have a lawful reason to be absent”.
Maile said yesterday that he had noted the SCA’s judgment and that an ordinary executive council meeting would be held today where it is expected to consider the judgment. He said he would thereafter make a formal and comprehensive response to the judgment.
Gauteng DA leader Mike Moriarty said the party wanted Maile to be held personally accountable for the legal costs as he had wasted “taxpayers' money”.
Tshwane speaker of council Katlego Mathebe refused to answer Sowetan questions on the next move for the council that has been beset by problems, including service delivery failures.
Makhubo has acknowledged Maile's letter on the situation in Johannesburg and promised to reply within the stipulated seven days.
He, however, said DA councillors were behind the allegations made to the provincial government. “The allegations levelled against the city are another attempt by the DA to subvert the democratic and legislated processes of the city and to undermine standing rules of council as a means to gain political attention and mileage," he said.
“As the Government of Local Unity (GLU) we have displayed transparency in the management of the affairs of the city and will continue to do so within the structures, rules and norms of council. Even in this instance, we will clear the smokescreens and expose the true and real threats to progress within the city as represented by the DA.”
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