South Africa: Time Running Out for Tshwane As Constitutional Crisis Looms

opinion

The City of Tshwane, currently under administration by deployees of the ANC-controlled provincial government, is mired in a series of court appeals and counter-appeals. A crunch is looming.

As of next week - 22 June 2020 - the state of local governance in the City of Tshwane is going to reach a constitutional crisis. Currently, the City is being managed by administrators who have been deployed from the ANC provincial government, after the decision was taken to dissolve the municipal council on 5 March. This was later affirmed by the National Council of Provinces (NCOP) on 20 March, the date on which the dissolution then took effect. In terms of the Constitution, an election date must then be set within 90 days of this decision.

As of next week, the 90 days that are allowable for the administrators to stay in office in Tshwane would have expired. Further to that, there is no provision in the Constitution which provides for extending their term in office by more than 90 days. This matter is simply not contestable and was recently affirmed by the North Gauteng High Court in its judgment on the Democratic Alliance's section 18(3) application.

To understand the implications...

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