Mettler was suspended on 30 June, following a motion introduced by EFF councillor Obakeng Ramabodu and seconded by ANC deputy mayor Eugene Modise.
Tshwane city manager Johann Mettler. Picture: City of Tshwane
Solidarity has written to the mayor of the City of Tshwane, Nasiphi Moya, on behalf of suspended city manager Johann Mettler, explaining why he should not be suspended.
In a 40-page written response, Solidarity said the contemplated precautionary suspension is legally unjustifiable, even if the council intends to investigate any of the allegations that were denied.
Mettler was suspended on 30 June, following a motion introduced by EFF councillor Obakeng Ramabodu and seconded by ANC deputy mayor Eugene Modise.
Moya, in a letter, informed Mettler of his precautionary suspension after a chaotic special council meeting last week.
Moya said the council was of the view that, due to the nature and seriousness of the allegations, his position as the accounting officer and head of the administration, with his continued presence in office, could jeopardise the integrity of an independent investigation, risk interference with potential witnesses, and be detrimental to the stability and effective administration of the metro.
“I hereby inform you, you have been placed on a precautionary suspension with full pay in terms of Regulation 6 (4).
“Lastly, my office confirms receipt of the letter issued by Serfontein Viljoen and Swart [on behalf of Solidarity] and the contents thereof are noted. I have no legal authority to enter into any undertaking which will, in effect, suspend the decision of council,” she said.
Political parties clash over Mettler’s suspension
DA’s Tshwane mayoral candidate Cilliers Brink has described the city manager’s suspension as a disgrace and said it was won through vote-rigging, adding the DA was consulting legal counsel.
Brink said Mettler was suspended by the coalition of corruption after it unlawfully passed a baseless report brought by ActionSA’s Moya.
“After the votes were cast and counted, the speaker arbitrarily deducted 13 votes from various parties, including the DA, reversing the outcome and paving the way for Mettler’s suspension.”
Brink said the DA will formally write to acting city manager Musa Kumalo, warning him that any attempt to approve irregular procurement, revive contracts previously blocked by Mettler, or facilitate unlawful expenditure will have serious consequences.
“The ANC-ActionSA-EFF coalition’s unlawful suspension of Mettler must not become an opportunity to open the floodgates of corruption. Mettler stood in the way of irregular decisions,” he added.
ActionSA national chair Michael Beaumont said the DA has devoted considerable time to campaigning on these matters but could not care sufficiently to attend council and actually vote on them.
“Brink and the DA have spent the past two weeks alleging sinister motives behind these reports, and yet their absence has generated the very outcomes that could have been prevented,” he said.
“ActionSA has spent considerable time engaging our coalition partners on these, admittedly, complex matters and conveying our reasoning.
“Of surprise was the failure of the opposition to attend this council meeting in sufficient numbers.
“The DA in particular were 15 councillors short of their full quota, the consequence of which is that there were not sufficient numbers to prevent Garet Mnisi’s return to run the finances of the city or stop the suspension of the municipal manager,” he said.
Beaumont added with regards to ActionSA votes in council which deviated from their coalition partners;
“ActionSA accepted the reality that being coalition partners does not mean parties must agree on everything or lose their own need to consider matters independently.”
ANC Tshwane regional secretary George Matjila said this divergence was not a sign of disunity, but “a demonstration of our commitment to caucus independence and respect for each party’s distinct principles”.
Matjila added this was not a finding of guilt, but a standard procedural step to protect the integrity of the process to allow an independent probe to proceed without any hindrance or interference.
“While we reached consensus on the investigation itself, a difference of opinion arose regarding the precautionary suspension.”
