Tshwane not under administration and continues to deliver world class services to its residents
8 December 2019
Despite statements by the Gauteng COGTA MEC , Lebogang Maile, that he has placed the City of Tshwane under administration, this remains an empty threat, and the City of Tshwane continues to deliver world class services to its residents under the leadership of the Democratic Alliance (DA).
The MEC’s political posturing lacks credibility and substance as he did not follow due process as set out by the Constitution.
Section 139 of the Constitution says that a Provincial Executive may only intervene in a municipality when it:
Cannot or does not fulfil its Constitutional or legal obligations;
Cannot or does not fulfil its Constitutional or legal obligation to approve a budget and revenue raising measures to give effect to the budget;
Is in financial crisis placing it in serious or persistent material breach of its obligations to provide basic services or fails to meet its financial obligations.
Neither of these three circumstances applies to the City of Tshwane. The MEC’s attempts to place the City of Tshwane under administration are unlawful, undemocratic and reprehensible.
These failed attempts by MEC Maile are part of a broader plan by the ANC-led Gauteng Provincial Government to hijack the City of Tshwane and gain control of the City’s fiscus as we move towards the 2021 Local Government Elections. Money meant for service delivery will no doubt be diverted to campaigning activities.
The first step in the ANC-led Gauteng Provincial Government’s plan to hijack the City of Tshwane was the attempted coup d’etat on Thursday night when they tried to illegally appoint an Acting Speaker and remove Mayor Stevens Mokgalapa and Speaker Katlego Mathebe from office.
These resolutions were subsequently suspended by the North Gauteng High Court on Friday afternoon, pending a hearing on the 17th of December. This is an indication that the ANC-led Gauteng Provincial Government is acting against the Constitution, and against the interests of the people of Tshwane.
We look forward to having the opportunity on the 17th December to lay bare the true motives behind these attempts by the ANC-led Provincial Government to derail the progress made by the DA in the City of Tshwane.
Despite all this, the City continues to deliver on its core mandate, and remains financially sound, despite the legacy of looting and illegal contracts left behind by the previous ANC administration.
We will continue fighting, using whatever constitutional mechanisms possible, to ensure that more of our country is not captured and used to advance the interests of individuals who want to get their hands on taxpayers’ money for their own benefit.
Issued by Solly Msimanga, DA Gauteng Caucus Leader, 8 December 2019