Tshwane city manager Johann Mettler has launched legal action challenging his suspension, demanding written reasons for the decision and an undertaking that it will not be enforced.
In a letter of demand sent by his attorneys, Serfontein, Viljoen and Swart, to executive mayor Nasiphi Moya on Friday, Mettler argued that the suspension was open to review on grounds of legality, rationality, procedural fairness and compliance with the law.
“The purported suspension resolution will not be implemented pending agreement between the parties or determination by a competent court,” stated the letter, which the Sunday Times has seen.
Mettler was suspended during a special council meeting on Thursday, two weeks after the council presented him with 13 allegations of wrongdoing.
Mettler had previously submitted representations to Moya after receiving a letter dated June 27 setting out the allegations against him. In his lawyers’ letter, he accused the council of failing to follow the procedures prescribed for suspending a municipal manager.
Among the concerns raised was that he was allegedly not formally informed of his suspension and only became aware of the decision through a media statement issued by Moya on Thursday evening.
It lists broad allegations. It does not identify a witness whom Mr Mettler is likely to influence. It does not identify evidence he is likely to conceal, alter or destroy. It does not identify municipal property or persons placed at risk by his presence
— Letter of demand sent by Johann Mettler's attorneys
Mettler gave Moya until 2pm on Friday to provide the written decision, the reasons for his suspension, the council resolution, the complaint, the report considered by council, the agenda item and all annexures relied on in deciding to suspend him.
He also requested:
- any legal opinion relied on by council;
- the minutes or recording of the meeting;
- the portions of the record said to establish the Regulation 6 risk factors; as well as
- the attendance register, quorum record and voting record.
He claims the suspension does not comply with:
- the Local Government: Municipal Systems Act,
- the Local Government: Disciplinary Regulations for Senior Managers, 2010;
- the Municipal Finance Management Act, where applicable;
- the constitution; or
- the principles of legality, rationality and procedural fairness.
Mettler also challenged the adequacy of the June 27 notice outlining the allegations against him, saying it failed to meet the required legal standard.
“It lists broad allegations. It does not identify a witness whom Mr Mettler is likely to influence. It does not identify evidence he is likely to conceal, alter or destroy. It does not identify municipal property or persons placed at risk by his presence,” the letter states.
The Democratic Alliance raised issues with the voting process at the meeting, accusing council speaker Mncedisi Ndzwanana of irregularly subtracting votes of 13 councillors because they were in council despite having initially requested leave.
The DA believes Mettler was being moved to allow certain procurement to proceed in his absence.
City spokesperson Samkelo Mgobozi yesterday insisted Mettler had been notified of his suspension.
“The city manager was formally notified of the council resolution on Friday afternoon. A resolution of council is a public decision and became public knowledge once it was adopted by council. However, the executive mayor could only formally communicate the decision to the city manager after she had received the duly certified council resolution,” he said.
“We are aware that the matter may head to court. The city respects the right of any party to seek legal recourse and will respond through the appropriate legal processes. The city is satisfied that it has acted in accordance with the applicable legal and governance framework and will present its case before the court should litigation be instituted.”
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