Tshwane Metro Chief Financial Officer (CFO) Gareth Mnisi has officially returned to work after receiving a final written warning following disciplinary proceedings linked to allegations that emerged before the Madlanga Commission.

Mnisi was suspended earlier this year after evidence presented at the commission alleged that he shared confidential tender information with associates and may have influenced procurement processes.

He was accused of using his position as chairperson of the city’s Bid Adjudication Committee (BAC) to influence the awarding of a multi-billion-rand security tender in favour of preferred bidders.

A forensic investigation was launched to probe whether Mnisi failed to declare his directorships in companies and did not disclose his relationship with a construction company involved in two municipal tenders. While the report stopped short of finding him guilty of impropriety, it recommended disciplinary action.

Earlier this month, the Tshwane Council voted to classify the allegations against Mnisi as ‘less serious’, meaning the harshest sanction available was a final written warning.

The DA has since launched an urgent court application to challenge that decision, arguing that the allegations should not have been downgraded.

The application also challenges the legality of the council meeting at which the decision was taken after Speaker Mncedi Ndzwanana deducted 13 votes from DA and the Freedom Front Plus (FF+) councillors who had earlier requested leave but later attended the meeting and voted.

The same council meeting also resolved to suspend Municipal Manager Johann Mettler.

Solidarity, the union representing Mettler, has also approached the court, arguing that the procedures followed during the council meeting were legally flawed.

The DA and Solidarity applications will be heard together on July 28.

Among those opposing the applications are the Tshwane Metro, the Municipal Council, Acting City Manager Dr Musa Khumalo, Ndzwanana and Executive Mayor Dr Nasiphi Moya.

DA Tshwane caucus leader Cilliers Brink said a Stock Exchange News Service (SENS) announcement issued by the metro on July 22 confirmed what the party had warned from the outset.

“The ANC-EFF-ActionSA coalition has engineered a soft landing for Tshwane’s CFO, Gareth Mnisi,” said Brink.

He said the disciplinary process had resulted in nothing more than a final written warning, allowing Mnisi to immediately resume his duties despite serious findings made during the forensic investigation.

“This is a shocking outcome for an official whose conduct became the subject of a forensic investigation following testimony before the Madlanga Commission. He was found to have failed to disclose financial interests over two consecutive financial years and to declare a relationship with bidders doing business with the city,” Brink said.

According to Brink, these findings were among the reasons the DA opposed the council’s decision to classify the allegations as less serious.

“The coalition may believe that issuing a SENS announcement settles the matter. It does not. We have asked the court to set aside both the unlawful suspension of City Manager Johann Mettler and the equally unlawful decision to downgrade the allegations against Gareth Mnisi.”

Brink said residents, investors and financial markets should note that Mnisi’s reinstatement stems directly from a council decision whose legality is now before the courts.

He contrasted Mnisi’s treatment with Mettler’s.

“Johann Mettler, a city manager who consistently resisted irregular expenditure, strengthened financial controls and stood in the way of political interference, was removed from office through an unlawful process after becoming an obstacle to those seeking access to the city’s purse,” he said.

“Meanwhile, Gareth Mnisi, whose conduct has been scrutinised through forensic investigations and testimony before the Madlanga Commission, has been welcomed back into one of the municipality’s most powerful positions with nothing more than a final written warning.”

Brink said the coalition had sent a dangerous message that officials who resist political interference are removed while those facing serious allegations are protected.

“We will continue pursuing the urgent court application to overturn these unlawful council decisions. The people of Tshwane deserve a municipality where integrity is rewarded, corruption is confronted, and the rule of law is respected,” he said.

Mayor Dr Nasiphi Moya said affidavits had now been filed by all the relevant respondents in the legal challenges brought by the DA and Solidarity.

She explained that the applications cite several respondents, including the Municipal Council, the Speaker, the Executive Mayor and the Acting City Manager, each of whom is required to respond only to allegations relating to their respective statutory responsibilities.

Dr Moya said the applications primarily challenge the legality of decisions taken by the Municipal Council, including the proceedings and voting process through which the resolutions were adopted.

“Throughout this process, I have respected the resolutions adopted by Council and taken the steps required of me to implement those decisions. However, I did not preside over the council meeting, nor was I responsible for the voting process or the resolutions adopted. Those responsibilities fall within the mandate of the Speaker,” she said.

Moya also rejected allegations concerning her role in the statutory process leading up to the council meeting.

“At all times, I exercised my responsibilities in accordance with the powers assigned to the Executive Mayor under the Local Government: Disciplinary Regulations for Senior Managers. I oppose the allegations concerning my conduct and the manner in which I exercised those responsibilities,” she said.

She confirmed that the applications for interim relief are expected to be heard on July 28, while the court will determine the substantive issues at a later stage.

Moya said her affidavits filed this week relate only to the interim applications and that her detailed response to the substantive allegations will be filed during the next stage of the proceedings.

She added that she would respect whatever decision the court reaches regarding the validity of the council proceedings and resolutions.

“As these matters are now before the court, it would be inappropriate for me to comment further. While these legal proceedings continue, my priority remains delivering services, restoring good governance, and honouring the commitments I have made to the residents of Tshwane,” she said.

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