Metro challenges Rooiwal 5 decision to reinstate them

The DA welcomed the metro’s decision to go to court to keep the Rooiwal Five suspended.

The metro is challenging an arbitration award that ordered the reinstatement of five senior officials implicated in the controversial Rooiwal Wastewater Treatment Works tender.

The award, made by the South African Local Government Bargaining Council (SALGBC), ordered the five to return to work on January 20.

Nine months after their suspension, the metro has also been ordered by the council to pay the group more than R1.3-million in compensation. The metro’s payment equals two months’ salary for each and varies between R206 000 and R314 000.

The five senior officials were placed on precautionary suspension last year and were charged with negligence and dereliction of duty.

The metro has now filed papers with the Labour Court to block the five managers linked to the Rooiwal tender from returning to work.

City spokesperson Lindela Mashigo said the city believes the arbitration ruling and proceedings were defective.

“After giving time and attention to the arbitration award and its implications, the city is of the view that there were defects in the proceedings and the ruling,” said Mashigo.

He emphasised the city is obligated to challenge the ruling and has enlisted the services of a firm of attorneys to act on its behalf in the handling of this legal matter.

Former mayor Cilliers Brink said this case has major implications for the future of the capital city.

“We asked the city administration to take this decision on review in the Labour Court, which they are now doing,” he said.

He explained that the officials were involved in awarding an irregular tender to a consortium with links to controversial businessman Edwin Sodi.

The tender for upgrading the Rooiwal Waste Water Treatment Plant was awarded in 2019 to NJR Projects and Blackhead Consulting, owned by Sodi, in a joint venture with CMS Water Engineering.

The award was made during the tenure of former DA mayor Stevens Mokgalapa.

The tender was put out to improve the quality of water supplied to residents of Hammanskraal.

“The five include the city’s decade-long head of supply chain management. They were suspended last year pending a Labour Court application to have them dismissed. In taking this action, city manager Johann Mettler had my full backing. Until the Labour Court had decided whether in fact, their conduct justifies dismissal, the Rooiwal Five should not be at work,” said Brink.

He believes only sustained, resolute action will break the culture of corruption in the metro, and end the misspending of public money.

The South African Municipal Workers’ Union, on the other hand, strongly condemned the metro’s “reckless decision” to pursue a review of the SALGBC arbitration award.

Spokesperson Dumisane Magagula said the union felt it was an attempt by the metro to undermine the order of collective bargaining.

He said the metro’s baseless claims of “defects” in the proceedings and the ruling are nothing more than a calculated attempt to escape its legal obligations.

“This spurious excuse serves no other purpose than to delay justice, prolong unnecessary legal battles, and waste taxpayers’ money,” said Magagula.

He feels the time has come for the metro to fulfil its obligations and show respect for workers and the rule of law.

Regional secretary Donald Monakishi explained the only defect they see is that the commissioner should have relied on fairness instead of clause 16 disciplinary procedure collective agreement.

“The metro’s review application is nothing but a means to an end.” He added that the “hopeless review” is bound to fail because it cannot pass the reach of the law.

He said the metro has shown a flagrant disregard for the Bargaining Council’s authority and the integrity of the agreements reached within it, choosing instead to engage in endless legal battles.
He added that this was an insult to every worker in Tshwane.

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