DA’s court bid has no legal basis, says Tshwane CFO Gareth Mnisi

The DA wants to overturn the council’s decision to treat allegations against Mnisi as ‘less serious’

City of Tshwane CFO Gareth Mnisi before the Madlanga commission of inquiry on April 17 2026. Picture: (Freddy Mavunda)

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The Pretoria high court is due to hear the DA’s challenge this week of the City of Tshwane council’s decision to place city manager Johann Mettler on precautionary suspension and reinstate chief financial officer Gareth Mnisi, on an urgent basis.

The party wants to overturn the council’s decision to treat the allegations against Mnisi as “less serious”.

The party argues that the council speaker had no legal basis to treat 13 DA and FF Plus councillors as absent after they attended and participated in the council meeting, despite having initially been granted leave of absence. Their votes were subsequently discounted as the speaker ruled that their votes could not be counted.

The speaker’s decision ultimately changed the outcome of two key agenda items, including an EFF amendment seeking Mettler’s suspension.

Sunday Times reported that initially, 95 councillors voted against the EFF amendment, while 92 supported it. However, after the speaker deducted the 13 votes, the final tally shifted to 82 against and 92 in favour, resulting in Mettler’s suspension.

The DA argues that the council acted irrationally in both the Mettler and Mnisi matters.

In an answering affidavit filed on July 22, seen by TimesLIVE, Mnisi said the disciplinary proceedings initiated against him were lawful and concluded appropriately under the Regulations for Senior Managers.

He states that the process, which commenced in April 2026 following allegations arising from his testimony at the Madlanga commission of inquiry into criminality and corruption, was completed with a final written warning issued in July 2026.

Mnisi said that this process was conducted within the legal framework and that the order sought by the DA to interdict the disciplinary process is legally incompetent.

TimesLIVE