The Freedom Front Plus (FF+) has lodged a complaint with the Public Protector (PP) against the Tshwane Metro Speaker of Council over his role in City Manager Johann Mettler’s suspension.

The FF+ alleged that Speaker Mncedi Ndzwanana undermined democratic processes during the council meeting that led to Mettler’s suspension.

FF+ councillor and Tshwane caucus leader Grandi Theunissen said the complaint was aimed at restoring confidence in the integrity of council processes.

“The complaint was lodged in an effort to ensure accountability after the Speaker was once again accused of undermining democratic processes in the metro,” Theunissen said.

The complaint follows an urgent application before the Gauteng Division of the High Court challenging Mettler’s suspension.

Theunissen said the party believes a separate investigation by the PP is equally necessary.

“The FF+ endorses the legal proceedings, but believes that a parallel process involving the Public Protector is necessary to investigate possible political interference and the conduct of individual councillors,” he said.

According to Theunissen, the complaint is directed at both Ndzwanana and councillors who supported the decision to suspend Mettler.

“The FF+ wants every councillor involved in the decision to be held personally accountable,” he said.

The party also intends to invoke Section 32 of the Municipal Finance Management Act (MFMA) to recover any financial losses or legal costs from councillors found to have acted unlawfully.

“The FF+ will, in terms of Section 32 of the MFMA, seek to recover any financial losses or legal costs from the relevant councillors’ personal assets,” Theunissen said.

He said concerns about the Speaker’s conduct are not new, pointing to a 2023 Gauteng High Court judgment in which the court found that Ndzwanana had acted irrationally and beyond his powers by repeatedly refusing to allow motions of no confidence to proceed.

Theunissen concluded that according to the judgment, the Speaker’s conduct compromised the impartiality of his office and undermined the institutional integrity of the council.

The latest legal challenge stems from a special council meeting held on July 9.

According to court papers cited by Theunissen, councillors initially voted 95 to 92 against suspending Mettler.

He further alleges that after the outcome had been announced, the Speaker retrospectively excluded the votes of 13 opposition councillors, thereby changing the outcome of the vote.

“Neither municipal legislation nor the council’s standing rules afford the Speaker the power to revise a finalised vote,” Theunissen said.

He said that if the allegations before the high court are upheld, they would point to a troubling pattern of conduct.

“In the FF+’s view, these allegations, if found to be true by the court, reveal a concerning pattern,” he said.

Theunissen said the party would continue pursuing the matter through both the courts and the PP.

“The FF+ will keep a close eye on the matter to ensure that democratic processes and the rule of law are upheld,” he said.

During council proceedings on July 31, while councillors were debating a policy aimed at strengthening accountability for municipal officials and discussing complaints relating to the Speaker, EFF caucus leader Obakeng Ramabodu reminded the chamber that opposition parties had previously supported the election of Speaker Ndzwanana.

“The opposition has only itself to blame. They must not forget that they are the ones who fought hard and voted to bring this Speaker into council, and now they come back complaining. They are too quick to forget,” Ramabodu said.

Responding to the allegations, Speaker of Council spokesperson Mzwandile Khathi said the Speaker had not yet been formally notified of any complaint from the PP’s office.

“The FF+ did raise its concerns in council. However, the Speaker has not received any official notification or correspondence from the PP regarding the matter. The Speaker will therefore refrain from commenting until such official communication has been received,” Khathi said.

“The matter is currently before the Pretoria High Court. On Wednesday, July 29, judgment was reserved and is expected to be delivered in court. The Speaker has filed his responding affidavit in the matter. In light of the ongoing court proceedings and the imminent judgment, it would be inappropriate to comment further on the allegations at this stage,” he said.

He said the Speaker would await the court’s decision before making any further public comment.

“The Speaker will await the outcome of the court proceedings and, once judgment has been delivered, will consider the appropriate further comment on the matter,” Khathi said.

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