Issued by: Government Communications (GCIS)
STATEMENT ON THE JUDGEMENT DELIVERED IN THE MATTER BETWEEN MEC FOR LOCALGOVERNMENT IN THE WESTERN CAPE AND THE MINISTER FOR PROVINCIAL AFFAIRS AND CONSTITUTIONAL DEVELOPMENT
Yesterday the Cape of Good Hope Provincial Division of the High Court delivered its judgement in the matter between myself, as Applicant, and the MEC for Local Government in the Western Cape Province (first Respondent)), and a number of other respondents. The court issued the following order:
(a) Declaring that the amendment to section (91)(1)(b)(1) of the Local Government Transition Act No209 and 1993, as introduced by the Local Government Act Second Amendment Act No 97 of 1996, required that as from 1 July 1997 all district councils, including Third to Ninth Respondents, should consist of members elected on a basis of proportional representation; (b) Declaring that the district councils cited in these proceedings as the Third to Ninth Respondents with a basis of proportional representation as required by the provisions of section 9D(1)(B)(1) of the Local Government Transition Act No 209 of 1993, as amended by the Second Amendment Act; (c) Direction Respondent shall within 60 days of the issue of this order take all such steps as are necessary to give effect to section 9D(1)(B)(1) of Act No 209 of 1993 as amended by Act No 97 of 1996, with a view to ensuring that district councils in the Western Cape Province are duly reconstituted on the basis of proportional representation as soon as possible; and (d) Directing that the costs of this application shall be paid by the First Respondent including the costs of two counsel and to the extent that they may oppose this application, by the other Respondents, jointly and severally, the one paying the other to be absolved.
This Judgement indicates the stand that I have always taken in this matter. Last year I had numerous discussions with MEC Prier Marais trying to persuade him to give effect to the law. He simply refused to cooperate. It was his stubbornness which compelled me to approach the courts. The courts also took a swipe at him by noting that he never had the intention to follow the suggestions I made.
This judgement is a great victory for those of us who are prepared to uphold the rule of law and to accept the supremacy of the Constitution.
I trust that the Western Cape Government will now act speedily in accordance with the order of the court. They are not above the law; and this judgement afford them an opportunity to reflect on the time wasted and the enormous costs which they have caused the taxpayers to bear. The Western Cape Government must put the interest of our citizens first and apply the laws adopted by our democratically elected Government and Parliament.
This judgement also adds to the richness of the new system of Local Government which has bee in operation during this phase of transformation.
Issued by the Minister for Provincial Affairs and Constitutional Development.
3 July 1998
Contact: JJ Tabane: PRO 082 456 6166 Zam Titus: Director General (012) 334 0600