DA takes Tshwane deputy mayor to court over code of conduct breach penalty

The DA has taken Tshwane deputy mayor and finance MMC Eugene Modise to the Gauteng High Court, asking the court to set aside the penalty imposed on the MMC for breaching the Councillors’ Code of Conduct.

DA Tshwane mayoral candidate Cilliers Brink announced on Tuesday that the party had filed papers seeking to review the Tshwane council’s decision to fine Modise two months’ salary, instead of considering tougher sanctions.

The party wants the matter sent back to council for a fresh decision, arguing that councillors should have considered recommending Modise’s suspension or removal from office.

The case stems from a forensic investigation into Modise’s relationship with Triotic Protection Services, a company that has a security services contract with the City of Tshwane.

According to Brink, the investigation found that Modise breached the Councillors’ Code of Conduct by failing to declare his financial interests linked to the company after becoming a councillor in 2023.

Brink said the code requires councillors to disclose their financial interests and prohibits them from benefiting from municipal contracts.

He said Modise told investigators he had sold his shares in Triotic to an employee through an instalment sale agreement, but could not provide documentary proof of the sale.

Brink also alleged that, even according to Modise’s version of events, he continued to benefit financially because the shares were still being paid for in monthly instalments. He further claimed Modise leased property to the company.

The DA argued that the speaker misled the council by saying the only available sanctions were a warning, reprimand or fine.

Brink said the Municipal Systems Act also allows a council to recommend to the Gauteng MEC for local government that a councillor be suspended or removed from office.

“The penalty imposed by the council is irrational and undermines constitutional accountability,” Brink said.

He said if the court rules in the DA’s favour, the party will argue for a sanction that matches what it describes as a serious breach of the Code of Conduct.

The latest court action follows months of scrutiny over Modise’s business interests.

Sunday Times previously reported that Triotic Protection Services, a company founded by Modise, earned about R3m a month for guarding more than 20 municipal sites.

The forensic investigation found that while Modise said he had sold the company after becoming a councillor, he failed to produce a sale agreement or proof of payment.

The investigation also found that the company rented office space in a building he owns and that he had not declared those financial benefits.

The issue later dominated council proceedings, with the DA accusing mayor Nasiphi Moya of delaying action against Modise. At the time, Modise denied wrongdoing, saying the investigation had cleared him of corruption and that the remaining issue related only to the Councillors’ Code of Conduct.

In May, Modise withdrew from the ANC’s mayoral candidate race, saying ongoing attacks on his reputation could damage the party ahead of the local government elections.

The ANC confirmed his decision, while the forensic findings and council’s decision to dock his salary remained under public scrutiny.

Modise rejected the DA’s claims, saying he resigned from Triotic when he became a councillor and that this was verified by the forensic investigation and company records.

“My only breach related to disclosing a property leased to the company and it brought me no financial benefit,” he told TimesLIVE.

Modise said he had sold his shares in Triotic under a payment agreement and was no longer part of the company.

Modise also accused the DA of using the court case as a political campaign and said he would oppose what he called the party’s “nonsensical litigation”.

“Council followed all the required processes and reached a democratic decision,” Modise said, adding that he chose not to challenge the council’s sanction because he wanted to focus on stabilising the city’s finances.

TimesLIVE