The Gauteng provincial government has resolved to appeal against the decision of the North Gauteng High Court to dismiss its dissolution of the City of Tshwane council.
Gauteng local government MEC Lebogang Maile is confident the Constitutional Court will overturn a Pretoria high court ruling which dismissed the provincial government's dissolution of the Tshwane council.The Gauteng provincial government has resolved to appeal against the decision of the North Gauteng High Court to dismiss its dissolution of the Tshwane council.
Local government MEC Lebogang Maile said the province believed that the judgment by judge president Dunstan Mlambo created more confusion than clarity.“We are still of the firm view that the reasons ... to dissolve the Tshwane municipal council are very solid, with much merit still, as contained in the dissolution notice,” said Maile.
He said that the Gauteng provincial executive believed the Constitutional Court would overturn the decision by Mlambo. “The judgment raises important constitutional and legal issues and if these remain unchallenged and unclear ... it will set a bad precedent. [The judgment] will curtail the power of any provincial executive council to invoke any of the provisions of section 139 [of the constitution] in instances where it is justifiable to do so, as was the case in the city of Tshwane.
“The high court judgment has created more confusion as opposed to providing greater clarity on the dynamic interplay between provincial and local government, and the checks and balances and constitutional responsibilities therein,” he said.
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