The Constitutional Court has ruled that the Gauteng government's decision to dissolve the City of Tshwane council in 2020 was unlawful, even though there were 'exceptional circumstances'.
In a majority judgment handed down on Monday, the ConCourt established four jurisdictional facts in terms of section 139 of the constitution, that had to be established for the dissolution to be lawful.
“The court found that three of the jurisdictional facts had been established, but that the dissolution was not warranted in the circumstances. Thus the dissolution decision was found to be unlawful,” the court said. The matter dates back to March last year when the council was immediately dissolved and administrators took over functions of the city. Elections of a new council were to be held within 90 days as per the constitution.
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