She said given the long history of the dysfunctional municipality and the fact that its council blatantly ignored solutions specifically formulated for it to implement, and the fact that the provincial executive did not bother to intervene to address this, she believed no other court would find differently to the way she had.
Stretch dismissed the claim that her judgment set a precedent for the dissolution of other councils across the country. She said her decision was made on a unique set of circumstances and a long history of non-compliance.
Stretch’s decision to reject the application for leave to appeal means that the UPM’s application to have the judgment immediately implemented pending an appeal falls away.
The UPM’s delighted Ayanda Kota said the people had won.
“History tells us that the people will always win.”
The UPM’s attorney, Brin Brody, said he hoped sanity would now prevail and that the decision would be accepted without any further appeals or wastage of ratepayers’ money.
“We need normality restored in Makana now.”
The province still has the option of petitioning the Supreme Court of Appeal for leave to appeal.
Premier Oscar Mabuyane’s spokesperson Mvusiwekhaya Sicwetsha said the executive committee would “discuss the matter soon”.
Brody said the municipality and the province had 21 court days within which to petition.
Click here to Book Accommodation in Cradock, Graaf Reinett, Hofmeyer or surrounds.
Article source: https://www.timeslive.co.za/news/south-africa/2020-05-22-officials-should-hang-their-heads-in-shame-for-failing-citizens-of-makana-judge/