Gauteng premier David Makhura says DA is abusing court process

Gauteng Premier David Makhura.
Gauteng Premier David Makhura.

Gauteng premier David Makhura has accused the DA of "flagrant abuse" of court processes by challenging the provincial government's decision to dissolve the Tshwane council.

In papers before the high court in Pretoria in response to the DA's urgent court application, Makhura argued that the DA was missing the point.

"The application is flagrant abuse of court process. The DA admits what it refers to as 'the alleged failings', which are clearly identified in the dissolution decision notice as some of the grounds relied on by the Gauteng provincial government," said Makhura.

He argued that the DA had advanced a number of excuses on behalf of the City of Tshwane, including that the dysfunction was the EFF's and the ANC's fault or that the failings are not bad enough to warrant a dissolution of Tshwane council.

"The DA's excuses miss the point. The decision was not punishment, nor was it aimed exclusively at members of the DA. It was the provincial executive's response - required by the constitution - to chronic, deep-seated and plainly irreversible inability or unwillingness to perform executive obligations by the council."

He further stated that the provincial executive did not target the DA councillors.

"All councillors have lost their positions, including the ANC and EFF councillors. The provincial executive has not appropriated the power for itself. It will place an interim administrator until the electorate decides whether or not the DA, ANC or EFF should be entrusted with the political power over the residents of Tshwane," Makhura argued.

In the DA's replying papers, the party's mayoral candidate in Tshwane, Randall Williams, argued that the metro didn't have any executive failures which would ordinarily lead to an intervention by the provincial government.

Williams accused Makhura and the provincial executive of being so keen to put the metro under administration and dissolve its council to the extent that a "shotgun" approach was adopted where a series of issues at the municipality were listed with the provincial government hoping "that one or more of those issues would somehow constitute a failure to meet an executive obligation in terms of the legislation or the constitution".

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