Questions over authenticity of Makwarela's insolvency clearance certificate

Questions have been raised about the authenticity of the court rehabilitation order submitted by embattled Tshwane mayor Murunwa Makwarela. 

Makwarela submitted the letter to the office of the city manager on Thursday in a bid to cling on to his mayoral seat after reports of an unresolved insolvency case dating back to 2016.

By law, an individual who has been declared insolvent cannot hold public office, therefore disqualifying Makwarela as a councillor and subsequently mayor.

TimesLIVE has seen the document and has confirmed that it is the same letter in the city manager's possession. Legal experts have listed numerous errors and inconsistencies in the order submitted by Makwarela. 

The submission of the letter informed Makwarela's reinstatement after being evicted from office.

Legal experts pointed out that the letter had grammatical flaws, structural discrepancies and is cited to have come from the 'North Court of South Africa Gauteng Division Pretoria' instead of the High Court of South Africa, Gauteng Division, Pretoria.

The court name change bill was published in the government gazette of 2014, and signed off by chief justice Mogoeng Mogoeng as “Directive 3/2014 Renaming of Courts in terms of Section 6 of the Superior Courts Act No 10 of 2013.”

This was in effect four years before Makwarela's alleged rehabilitation.

A source at the office of the chief justice said that, off the bat, the letter did not appear to be authentic. 

He pointed out that the word “Rehabilitation” would not be placed under the coat of arms. 

Second, the order is said to have been presided over by an “Honourable Mr Justice Moosa” on February 7 2018. However, the court roll on the said date shows no record of a judge Moosa on the day.

Third, according to Makwarela he was rehabilitated in 2018, yet his name still appeared in the government gazette in 2019 and 2022 under legal notices for sequestrated estates. 

A solvency expert cited that this could only happen in the event that an individual was rehabilitated but landed in debt after the first sequestration, meaning that they would be insolvent and needing rehabilitation again.

In addition to the above, TimesLIVE has seen a copy of Makwarela's IEC candidate form, which he would have filled in at the time of the availability of his candidacy as a COPE proportional representative councillor in the city.

In the personal questionnaire,  where Makwarela is asked whether his estate is solvent, he ticked 'no.' As to whether he had ever been sequestrated, he ticked 'yes'.

Tshwane metro spokesperson Selby Bokaba said the city and the office of the city manager noted receipt of the letter and reinstated the mayor based on his compliance with the request for him to provide verification of his rehabilitation.

“The city manager’s duty is to note receipt and not investigate or speculate on whether the letter is authentic,” said Bokaba.

Multiple attempts to contact Makwarela for comment have been unsuccessful.

This is a developing story.

TimesLIVE

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