Premier for Province of Gauteng and Others v Democratic Alliance and Others (394/2020) [2020] ZASCA 136 (27 October 2020)

Jurisdiction: South Africa
Citation: Premier for Province of Gauteng and Others v Democratic Alliance and Others (394/2020) [2020] ZASCA 136 (27 October 2020)
Media Neutral Citation: [2020] ZASCA 136
Hearing date: 17 August 2020
Court: Supreme Court of Appeal of South Africa
Case number: 394/2020
Judges: Zondi JA, Schippers JA, Goosen AJA, Van der Merwe JA, Matojane AJA
Judgment date: 27 October 2020
Language: English
Type: Judgment
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Flynote: 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.