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A divided Tshwane council has suspended city manager Johann Mettler, setting the stage for a legal showdown as he intends challenging the decision.
Dr Musa Khumalo, the city’s group head for shared services, has been appointed acting city manager.
The governing coalition in the capital was far from united during the marathon council meeting, with the EFF leading the push to place Mettler on suspension.
The special council meeting was convened to consider two reports that would determine the future of Mettler and chief financial officer Gareth Mnisi. With both senior officials’ positions on the line, the stakes were high.
After procedural concerns were raised by both Mettler and the DA, legal action appeared increasingly likely.
The drama-filled sitting began with the DA objecting after several councillors who had initially applied for leave were denied the opportunity to participate in the meeting despite attending.
The speaker [Mncedi Ndzwanana] arbitrarily deducted 13 votes from those who voted against the amendment, claiming they belonged to DA and Freedom Front Plus councillors who were on leave.
— The DA
The Sunday Times has seen Mettler’s written representations responding to 13 allegations of wrongdoing. These include claims that he failed to implement remedial action recommended by the public protector regarding the appointment of the city’s head of emergency services.
He also argued that the council had appeared to have already reached a conclusion on his suspension before considering his representations.
In his submission, Mettler challenged what he described as an unlawful process followed by the council in initiating his suspension.
He argued that the council had failed to first adopt a provisional intention to suspend him before affording him “a genuine opportunity to persuade it that suspension is neither necessary nor justified”.
In a letter dated June 27, executive mayor Nasiphi Moya accused Mettler of presiding over irregular and unlawful recruitment and appointment processes, including an alleged failure to conduct required vetting and screening procedures.
Mettler was further accused of exercising his administrative authority unlawfully or arbitrarily during certain recruitment processes.
Meanwhile, the DA condemned speaker Mncedi Ndzwanana over his handling of the meeting.
The party criticised ATM’s Ndzwanana for refusing to recognise the votes of councillors who had initially applied for leave but later attended the meeting.
An EFF amendment calling for Mettler’s suspension was ultimately adopted, though the DA has questioned the legitimacy of the voting process.
“The speaker arbitrarily deducted 13 votes from those who voted against the amendment, claiming they belonged to DA and Freedom Front Plus councillors who were on leave. There is no legal basis for denying a democratically elected councillor the right to vote,” the DA said on Thursday evening.
The party said the events raised “serious concerns about the integrity of the council’s voting process and appear to be a desperate attempt to manipulate the outcome in favour of the coalition of corruption”.
The DA also warned about possible legal action.
“The DA has placed its objections on record and believes these irregularities provide sufficient grounds to approach the courts to review and set aside this fundamentally flawed process,” the party said.
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