Limpopo Municipality in constitutional crisis

Jacques Smalle (MPL)

DA Limpopo Provincial Leader

On Monday the DA witnessed the ANC abusing the SAPS to settle factional political scores at Mokgalakwena.

In full view of the public, members of the SAPS on instruction of the Provincial Executive Council tore up the interdict as it was served by the sheriff of the High court. They forced their way into the municipal building by using violence and rubber bullets and chased officials out.

These actions are unconstitutional and should be condemned. It is clear that some politicians of the ruling party cannot differentiate between state and holding political office.

The DA further condemn actions of the Provincial commissioner of the SAPS and the station commander who clearly did not respect the court order made in the Gauteng high court on 4 November 2014, case number 80496/2014 that restrained the SAPS to interfere in any manner whatsoever with Municipal council of Mokgalakwena, its municipal manager and any official in the performance of their duties.

The municipal council again sought relief from the Gauteng High court and the court ruled inter alia:

  1. that the SAPS may only execute constitutional duties in terms of sec 205(3) of The constitution (attached)
  2. That the SAPS were in contempt of court, and
  3. That the SAPS members who are cited as the respondents (attached) in this application be incarcerated for 90 days.

It is clear that the executive is not only misusing the Constitution, and instrument to uphold democracy, to subvert democracy and to advance factional political party interests but is also abusing the SAPS to advance their own misguided interests.

The Province is clearly in a crisis when there is a court order to incarcerate our Provincial Police Commissioner.