The labour court has cleared the Tshwane Metro to proceed with fresh disciplinary action against five municipal officials implicated in the controversial R291-million irregular Rooiwal wastewater treatment plant tender.

The court dismissed, with costs, an urgent application brought by the officials to interdict the disciplinary proceedings. This paves the way for the city to pursue new charges based on evidence uncovered by the Special Investigating Unit (SIU).

The officials are among those linked to the irregular award of the Rooiwal tender to Blackhead Consulting, a company associated with businessman Edwin Sodi. Investigators believe the procurement process may have been manipulated to favour the bidder.

The metro welcomed the labour court judgment affirming disciplinary process against officials implicated in the irregular Rooiwal tender award.

Tshwane Metro spokesperson Lindela Mashigo said he welcomed the judgment delivered on July 10, dismissing an urgent application brought by officials implicated in the controversial irregular Rooiwal tender award, seeking to interdict disciplinary proceedings instituted against them.

“The judgment has vindicated the city’s dogged pursuit to bring new charges, in addition to the initial charges, against the implicated officials and subject them to a disciplinary process.”

Mashigo said this judgment underscores the importance of allowing established labour law processes to take their course without any hindrance.

In 2023, the disciplinary committee found the five officials guilty on one charge and docked one month’s salary, but the city took the outcome under review at the labour court on the grounds that the sanction was too lenient, given the seriousness of the offence.

Mashigo said the labour court remitted the matter back to the disciplinary committee to be heard as if it were a new case, and by a different panel.

“The city added new charges against the implicated officials, based on the referrals by the Special Investigating Unit (SIU), which is [charged] with the investigation under a presidential proclamation.”

He said the tender awarded to Blackhead joint venture was found by the Pretoria High Court to be irregular and was set aside.

“Subsequently, the five officials launched an urgent court bid at the labour court to halt the intended disciplinary proceedings, which were scheduled for June and July 2026, which application was dismissed by court last Friday,” explained Mashigo.

He added that after considering the submissions before it, the court found that the applicants had failed to satisfy the legal requirements for interim interdictory relief and concluded that there was no basis to prevent the city from proceeding with the disciplinary hearing.

In its judgment, the court held that the disciplinary hearing itself was the appropriate forum in which issues relating to fairness, alleged prejudice, delay and the applicants’ objections to the proceedings should be determined.

Mashigo said the court also found that the applicants had not demonstrated a protectable right that would suffer irreparable harm if the disciplinary process were allowed to continue.

“The court also recognised that the 2026 disciplinary proceedings were based on new evidence uncovered through SIU,” Mashigo said.

“It accepted that the city plausibly became aware of the alleged additional misconduct only after receiving the SIU referrals and that the new charges were founded on materially different evidence from that relied upon during the earlier disciplinary proceedings.”

He said that, of particular significance, the judgment reaffirmed that organs of state have constitutional obligations to uphold accountability, transparency, and the highest standards of professional ethics.

The court further acknowledged that public institutions have a duty to investigate and address allegations of misconduct where credible evidence emerges, particularly where the prudent management of public resources and procurement processes is concerned.

Mashigo said the city respects and views the judgment as an important affirmation of sound governance, accountability and the rule of law within local government.

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