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The oversight tour was aimed at gaining a better understanding as to why the municipality is experiencing such a high volume of spillages. The Minister alluded to a collapsed sewer reticulation system consisting of partly functional WWTW and dysfunctional sewer pump stations as the root cause of the spillages. Responding to questions raised by members of the media yesterday Tuesday, 12 October , Premier Makhura said that his office is happy with the efforts and progress made by the DWS towards containing spillages in Emfuleni.

We completely behind the DWS and its initiatives to ensure that the municipality functions and is able to service its consumers. On Monday, 4 October at 10h00, the Constitutional Court handed down judgment in three applications for direct leave to appeal against the judgment and order of the High Court of South Africa, Gauteng Division, Pretoria.

On 6 December , the Gauteng EC resolved to invoke section 1 read with section of the Constitution. The Gauteng EC stated that it took this decision upon consideration of a detailed report on the state of affairs in the Municipal Council, with reference to its finance management, service delivery, issues of maladministration and corruption and institutional capacity. She also pointed out that no engagement took place with the Municipal Council prior to the decision being taken.

On 7 February , the Speaker responded to the directives with a document spanning more than several pages. In this document, she detailed action plans and programmes undertaken by the Municipal Council to address the directives issued by the Gauteng EC through the office of the MEC.

On 4 March , the MEC wrote to the Speaker enquiring whether the section 1 a directives, dated 14 January , had been served before the Municipal Council.

He provided her with three days within which to respond. On the same day the Gauteng EC resolved to dissolve the Council dissolution decision. This was attributed to the fact that the Municipal Council had reached a deadlock with councillors walking out of meetings leaving it inquorate, and rendering it paralysed.

The effect of the dissolution decision was that the Municipal Council was immediately dissolved. An administrator was appointed to take over its functions, and new elections were required to be held in the Municipality, within 90 days, in terms of the Constitution.

On 10 March , the DA and the Municipal Council, for the first time, were presented with the Dissolution Notice, dated 6 March , setting out nine key observations for the dissolution of the Municipal Council. On 13 March , the DA launched an urgent application seeking to review and set aside the dissolution decision, as well as to compel the attendance of the ANC and EFF councillors. The High Court was required to consider whether the dissolution decision was substantively invalid and whether the jurisdictional facts necessary to invoke section 1 c were established.

The Court conducted a detailed examination to determine whether the nine key observations provided in the Dissolution Notice disclosed executive obligations that were unfulfilled; and whether they constituted exceptional circumstances warranting the dissolution of the Municipal Council.

The High Court rejected all of them, save for one which, it found, should have been the subject of targeted intervention by the provincial government, and was insufficient to justify dissolution.

The Court held further that there was no guarantee that the appointment of an administrator, and fresh municipal elections would resolve the problem at hand. The application was therefore successful and the dissolution decision was set aside. To subscribe email subscriptions creamermedia.

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