Tshwane studying legal opinion on controversial ex-mayor

Tshwane metro was still deciding whether it would institute legal action to recoup over a year’s salary from controversial former metro mayor, Dr Murunwa Makwarela.

The metro was also looking into what action it could take against Makwarela for submitting a falsified insolvency rehabilitation certificate to city manager Johann Mettler, according to metro spokesperson Selby Bokaba.

“The city manager has received legal opinion on the matter and is studying it,” said Bokaba.

He said the legal opinion received by Mettler also looked into whether decisions taken by council while Makwarela was speaker could be overturned.

One such decision was the employment of Mettler as city manager.

Bokaba said Makwarela was not supposed to be a councillor on November 6, 2021, and subsequently Speaker on January 20, 2022.

“If we need to go to court for a judge to give a waiver on the decisions, we will go.”

Bokaba said the metro was embarrassed by the whole saga.

He said Tshwane’s vetting of councillors was “a grey area”.

“When councillors are elected, it is a process between the political party and the Electoral Commission SA (IEC). The metro is not involved at all.

“The IEC prepares ballots and forms of declaration – it never switches to the hands of the City, it remains with the IEC.”

He said Tshwane could only vet councillors after they were elected to the metro council.

“We don’t have the means to verify the credentials of councillors because we are not involved in processes initially.”

He said the metro, the Gauteng department of Cooperative Governance and Traditional Affairs (Cogta) and the IEC would look into the matter.

Tshwane looking into holding Makwarela liable comes after the position of mayor became vacant after Makwarela resigned on March 10 following allegations he had submitted a falsified certificate of insolvency rehabilitation.

It is believed that sometime early last week, Mettler had been tipped off that Makwarela had been declared insolvent in 2016.

Mettler then asked Makwarela to produce proof of rehabilitation; however, the mayor did not abide by the deadline and was disqualified as mayor because the constitution bars an insolvent from holding public office.

On Thursday, Makwarela however produced a certificate that purported he had been rehabilitated in 2018 and was then reinstated.

Mettler, however, questioned the certificate’s authenticity as the letterhead appeared to refer to a nonexistent court and presiding judge.

Chief Registrar of the High Court of South Africa, Gauteng Division Pretoria Tumelo Refilwe Ledwaba, confirmed that no rehabilitation order had ever been issued to Makwarela.

“The document purporting to be an order issued by this court was never issued in our court.”

He further said his office would refer the matter to the Hawks for investigation.

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