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Premier for the Province of Gauteng and Others v Democratic Alliance and Others (394/2020) [2020] ZASCA 136

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Premier for the Province of Gauteng and Others v Democratic Alliance and Others (394/2020) [2020] ZASCA 136

30th October 2020

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Click here to read the full judgment on Saflii

Delivered: This judgment was handed down electronically by circulation to the parties’ legal representatives by email. It has been published on the Supreme Court of Appeal website and released to SAFLII. The date and time for hand-down is deemed to be 10h00 on 27 October 2020.

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Summary: Appeal in terms of s 18(4) of the Superior Courts Act 10 of 2013 (the Act) – against implementation of order reviewing and setting aside the dissolution of a municipal council pending application for leave to appeal – requirements for an order under s 18 of the Act restated – s 159 read with s 139(1)(c) of the Constitution requires election to be held within 90 days of dissolution of municipal council – exceptionality and irreparable harm requirements established –administrator would be in office for a period in excess of the constitutionally prescribed 90-day period.

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