Afriforum NPC v The Premier, Gauteng Province and Others

The Gauteng Executive Council dissolved the City of Tshwane Metropolitan Municipal Council in March 2020 under section 139(1)(c) of the Constitution due to dysfunction and placed it under administration. An administrator was appointed with wide executive and financial management powers. While the dissolution was later found unlawful, during the period of administration the administrator approved the municipality’s 2020/21 annual budget on 30 June 2020. Afriforum NPC challenged the approval, arguing that the administrator lacked constitutional authority to approve a municipal budget, contending that budget approval is a legislative function reserved for a municipal council or, in limited circumstances, the provincial executive under section 139(4). The High Court dismissed Afriforum’s application, and Afriforum appealed to the Supreme Court of Appeal.

The appeal was dismissed. The administrator’s approval of the City of Tshwane’s 2020/21 budget was held to be lawful and constitutional.

The case clarifies the scope of provincial intervention under section 139 of the Constitution and confirms that an administrator appointed under section 139(1)(c) may approve a municipal budget. It provides authoritative guidance on the distinction between sections 139(1)(c) and 139(4), and on the nature of municipal budget approval as an executive rather than legislative function. The judgment has important implications for the continued functioning of municipalities placed under administration.