In a majority judgment handed down on Monday, the ConCourt established four jurisdictional facts in terms of section 139 of the constitution, that had to be established for the dissolution to be lawful.
In terms of remedy, the ConCourt set aside the high court’s ruling and substituted it with an order compelling the MEC to invoke his legal powers by appointing a person or a committee to investigate the cause of the council deadlock. In June the Gauteng high court ruled in the DA's favour. It held that the provincial government had an obligation to apply less intrusive means in resolving the municipal council's dysfunctionality, and that a decision in terms of section 139 would only be appropriate if it was likely to ensure the relevant obligation would be fulfilled.
The apex court’s judgment states that the constitutional issue is “clearly at stake” and has granted application for direct leave to appeal.
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