Judgment in the matter between the Democratic Alliance (DA) and the City of Tshwane Council has been reserved until Friday.
The DA is challenging the Tshwane Council’s decision to reinstate the municipality’s Group Chief Financial Officer, Gareth Mnisi, and suspend City Manager, Johann Mettler.
The City of Tshwane Council resolved to institute disciplinary proceedings against Mnisi after the outcome of a final forensic investigation into allegations of misconduct.
The disciplinary action against Mnisi followed the allegations that surfaced during his appearance before the Madlanga Commission earlier this year.
However, according to the council, the allegations amount to less serious misconduct under the Local Government disciplinary regulations.
While the DA is against Mnisi’s reinstatement, they are canvassing for the reinstatement of their suspended member Mettler.
According to the DA, Speaker Mncedi Ndzwanana acted outside of his powers when he disqualified the votes of 13 DA councillors during the council meeting.
Advocate Nick Ferreira says the Speaker had no legal authority to discard their votes, which ultimately changed the outcome of the council’s decisions.
“They take the decision, and they communicate it to Mr Mnisi. That’s how desperate they are to implement these resolutions. They have no legal duty to implement the resolution or finalize that process. In place, there needs to be proceedings, but they didn’t answer. Their conduct is calculated to frustrate any inter-relief this court might have granted and regrettably succeed,” says Ferreira.
Advocate Ferreira argued that the case is not about whether Mettler is the only person who can run the municipality, but whether the legal requirements for suspending a senior manager were even met.
“We’ve never suggested that Mr. Mettler is a holy cow, that he’s the only one that can run the municipality. Our case has always been the valid decision to place senior manager on precautionary suspension is unnecessary, jurisdictional before you can place that senior manager on suspension,” he argues.
Counsel for the City of Tshwane Speaker argued that the DA’s case is based on fear rather than facts.
They further argued that there is no evidence that Acting City Manager Musa Khumalo is unable to perform his duties.
Advocate Phumudzo Managa put it to the court that there is no proof that allowing the Acting City Manager to remain in office would result in irreparable harm.
“Fears that the acting manager will be exercising (functions), which are ordinarily exercised by the City Manager Mr Mettler, but it follows that if someone is removed from his position, the acting person would be installed to exercise those powers, and the reason why we say that the functions and the duties do not rest on the individual. The fact that Mr Mettler, as the city manager, does not mean that when he leaves office somehow there’s a copyright over those duties,” says Managa.
With arguments concluded, all eyes will turn to Friday when the high court delivers its judgment in this closely watched dispute.
DA court bid to overturn Mettler suspension, Mnisi reinstatement:
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