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.

Metro spokesperson Lindela Mashigo said: “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 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.

The Freedom Front Plus (FF+) has welcomed the court’s decision allowing the metro to proceed with disciplinary action against five officials implicated in the controversial Rooiwal tender, describing the ruling as a major step in the fight against corruption.

FF+ Tshwane caucus leader Grandi Theunissen said the judgment brings an end to years of delays and legal attempts to halt disciplinary proceedings against the so-called ‘Rooiwal Five”.

“The Labour Court’s ruling confirming the legality of the disciplinary steps taken against the Rooiwal Five marks a decisive turning point in the fight against corruption within the City of Tshwane,” said Theunissen.

He said the court found that the officials had failed to provide sufficient grounds to stop the disciplinary process and confirmed that the disciplinary hearing was the appropriate forum to determine issues relating to fairness and procedure.

According to Theunissen, the judgment also validates the disciplinary action initiated under former city manager Johan Mettler.

“This ruling confirms that the disciplinary action instituted under Mettler was lawful. It also shows that the political victimisation of Mettler, who sought to root out corruption at Rooiwal, should be recognised as unjustified. His integrity and principled conduct deserve recognition,” he said.

Theunissen further called on the metro to recover financial losses arising from the irregular Rooiwal tender.

“The city must take the necessary steps to recover financial losses from the Rooiwal Five, as well as from Edwin Sodi and his companies. It is unacceptable that taxpayers should bear the cost of a corrupt tender that has caused significant damage to public infrastructure. Those responsible should be held personally accountable,” he said.

He also accused the previous ANC-EFF coalition of attempting to shield the implicated officials and undermine efforts to hold them accountable.

“The court’s ruling exposes political interference that sought to protect those implicated in the Rooiwal matter instead of acting in the best interests of residents. Such interference only deepened the city’s service delivery challenges,” he said.

He added that the FF+ would continue pushing for accountability until all those implicated in the matter face the consequences of their actions.

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