The Premier for the Province of Gauteng and Others v Democratic Alliance and Others

The Gauteng Executive Council dissolved the City of Tshwane Metropolitan Municipal Council on 4 March 2020 in terms of s 139(1)(c) of the Constitution and appointed an administrator to run the municipality. The Democratic Alliance (DA) urgently challenged the lawfulness of the dissolution in the Gauteng Division of the High Court. A full court reviewed and set aside the dissolution decision, but suspended its order due to the COVID-19 lockdown. The Gauteng provincial authorities and others sought leave to appeal and direct access to the Constitutional Court. Pending those processes, the DA applied under s 18(3) of the Superior Courts Act for the interim implementation of the High Court’s order. The High Court granted interim enforcement, finding exceptional circumstances and irreparable harm. The Gauteng provincial authorities appealed to the Supreme Court of Appeal against the s 18 order.

The appeal against the s 18 interim enforcement order was dismissed with costs, including the costs of two counsel.

The case is significant for clarifying and reinforcing the strict requirements of s 18 of the Superior Courts Act, particularly in constitutional and governance disputes. It underscores the constitutional limits on provincial intervention in local government and affirms that prolonged rule by an unelected administrator beyond the prescribed 90-day period undermines democratic governance and voter rights.