Premier, Gauteng and Others v Democratic Alliance and Others; All Tshwane Councillors who are Members of the Economic Freedom Fighters and Another v Democratic Alliance and Others; African National Congress v Democratic Alliance and Others

The Gauteng Provincial Executive, acting through the Premier and MEC for Co‑operative Governance and Traditional Affairs, dissolved the City of Tshwane Metropolitan Municipal Council in March 2020 under section 139(1)(c) of the Constitution, citing persistent deadlock and dysfunction. The deadlock arose from repeated walkouts by ANC and EFF councillors, resulting in the loss of quorum at council meetings, leaving the municipality without a mayor, mayoral committee, or municipal manager. Prior to dissolution, the MEC had issued directives under section 139(1)(a) and engaged intermittently with the Speaker, but no sustained resolution was achieved. The Democratic Alliance challenged the dissolution in the High Court, which reviewed and set it aside, holding that the jurisdictional requirements for dissolution were not met. The Premier, EFF councillors, and ANC sought direct leave to appeal to the Constitutional Court.

Leave to appeal was granted. The appeals against the High Court’s setting aside of the dissolution were dismissed. The appeal against the High Court’s mandamus was upheld, and that portion of the order was set aside and replaced with an order directing the MEC to appoint an investigator under item 14(4) of Schedule 1 to the Municipal Systems Act. Applicants were ordered to pay costs.

The case clarifies the strict constitutional limits on provincial intervention in local government, reaffirming that dissolution under section 139(1)(c) is an exceptional, last‑resort measure. It strengthens the principle of legality and cooperative government, and cautions against using political deadlock alone as justification for drastic provincial intervention.