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 City of Tshwane Metropolitan Municipal Council became politically deadlocked following the collapse of a cooperation agreement between the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF). From 2018 to early 2020, repeated council meetings failed to proceed due to walkouts by ANC and EFF councillors, resulting in loss of quorum. The Council lacked a Mayor, Mayoral Committee and Municipal Manager, and was unable to transact business. In December 2019 and January 2020, the Gauteng MEC for Co‑operative Governance issued directives under section 139(1)(a) of the Constitution. On 4 March 2020, the Gauteng Executive Council resolved to dissolve the Municipal Council under section 139(1)(c) of the Constitution, citing exceptional circumstances and dysfunctionality. The DA challenged the dissolution in the High Court, which set it aside and ordered councillors to attend meetings. The Premier, the EFF and the ANC sought direct leave to appeal to the Constitutional Court.

Direct leave to appeal was granted. The appeals against the setting aside of the dissolution were dismissed. The appeal against the High Court’s mandamus was upheld, and that portion of the High Court order was set aside. The MEC for Co‑operative Governance, Gauteng, was ordered to invoke item 14(4) of Schedule 1 to the Municipal Systems Act to appoint a person or committee to investigate the causes of the council deadlock and recommend appropriate sanctions. Applicants were ordered to pay costs.

The case is a leading authority on provincial intervention in municipalities under section 139 of the Constitution. It clarifies that dissolution under section 139(1)(c) is an exceptional, last‑resort measure and reinforces the principles of legality, rationality and cooperative governance. The judgment limits political misuse of provincial intervention powers and strengthens municipal autonomy within the constitutional framework.