DA hopeful interim relief will be granted on municipal demarcations
The DA yesterday made oral representations to the North Gauteng High Court seeking urgent interim relief by way of an interdict to stop the Municipal Demarcation Board (MDB) from taking further action on decisions we contend were unlawful in the first place. Specifically, the Board’s decision to go ahead with its unilateral municipal demarcations of outer boundaries on account that its decisions are fraught with procedural irregularities, and are, therefore, irrational and should be set aside.
To this end the DA, in its heads of argument, raised a number of concerns. Chief among them being that the demarcation process was pushed through with such haste to the extent that due process and procedural fairness were compromised and failed to meet the requirements of the Demarcations Act.
Firstly, due to the lack of public participation and speed at which these decisions were taken by the Board, the poorest of the poor who often have to travel far and wide to express their democratic right for who is to represent their communities were left out of the process.
Secondly, the process was also inconsistent. Some dysfunctional municipalities were left alone; other functional municipalities were joined with dysfunctional ones. In some cases, the Board disregarded its own expert investigations.