Gauteng High Court declares Tshwane Council special meeting unlawful

The Gauteng High Court in Pretoria has ruled in favour of the Democratic Alliance (DA), officially setting aside all decisions taken during a special Tshwane City Council meeting held on 29 March 2024. The court found that the proceedings were unlawful and invalid due to procedural irregularities regarding the notice period provided to councillors.

Legal Basis For The Ruling

The DA had approached the court to challenge the legitimacy of the meeting, arguing that the Speaker of the Tshwane City Council had convened the gathering on short notice without adhering to the required rules of order. Delivering the judgement, a Gauteng High Court Judge stated that the meeting held on 29 March 2024 was declared unlawful, unconstitutional, and invalid, and all resolutions taken there were set aside.

Political Implications For Tshwane

This legal outcome highlights the ongoing political instability and complex coalition governance challenges currently facing the City of Tshwane. The DA, acting as the primary party in the multi-party coalition, has frequently utilised the judicial system to contest administrative actions and opposition-led motions, citing frequent non-compliance with the council’s standing rules and the Local Government: Municipal Systems Act.

City officials are expected to review the court order to determine the next steps regarding the status of the invalidated resolutions and the rescheduling of future council business.

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