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Unemployed Peoples Movement v Premier for the Province of the Eastern Cape and Others (553/2019) [2020] ZAECGHC 47

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Unemployed Peoples Movement v Premier for the Province of the Eastern Cape and Others (553/2019) [2020] ZAECGHC 47

28th May 2020

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1.    The first, second, third, fourth, eighth, ninth, tenth and 14th respondents have brought applications for leave to appeal (collectively referred to as the application for leave to appeal) certain orders which this court granted on 14 January 2020 (hereinafter referred to as the “main application”). These, inter alia, directed the Eastern Cape Executive Council (the 2nd respondent) to forthwith dissolve the Council of the Makana Municipality (the 14th respondent) and to take certain steps including the appointment of a temporary administrator and the approval of a temporary budget or other measures intended to give effect to a recovery plan to provide for the continued functionality of the Municipality.

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2.    The applicant (the Unemployed Peoples Movement)  opposes the application, and has simultaneously filed an application in terms of section 18 of the Superior Courts Act 10 of 2013 (“the Act”), for an order enforcing the judgment and the orders made in terms thereof, in the event of leave to appeal being granted. This application is likewise opposed by all of the aforementioned respondents.

3.    By agreement amongst the parties, the two applications were set down to be heard simultaneously through the medium of on-line video conferencing.[1] For ease of reference, I shall refer to the applicant in the original application and in the application in terms of section 18 of the Act as “the UPM”. I shall refer to the first four respondents in the original application and the applicants in the application for leave to appeal as “the province” or “the provincial respondents” unless the context states otherwise. I shall describe  Respondents eight, nine, ten and 14 in the original application who are also applicants in the application for leave to appeal, collectively as “the municipality”, “the municipal respondents” or “the local respondents” unless otherwise indicated.

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