Motion of no confidence against Modise ‘premature’

BTshwane’s Deputy Mayor and MMC for Finance, Eugene Modise, survived a DA-fielded motion of no confidence (MONC) during an ordinary council meeting held on October 30.

The opposition parties had brought the motion, alleging that Modise continues to benefit from tender contracts and conducts business with the city despite holding public office.

However, the motion was blocked by Acting Speaker of Council, Alderman Seabelo Marishane, who ruled that it was premature as an official investigation into Modise’s alleged conflict of interest is still ongoing and has not yet been tabled before council.

Marishane explained that the Speaker’s office received a letter from the office of the City Manager on February 26, informing the city of a complaint lodged by DA Councillor Jacqui Uys.

The complaint alleged a conflict of interest involving Modise and requested a full investigation.

“Subsequent to that, the office of the city manager requested that the Speaker of Council authorise the audit executive to commence with an investigation,” Marishane said.

He further explained that in line with the Structures Amendment Act 3 of 2021, the Code of Conduct for Councillors empowers the Speaker to investigate suspected breaches.

“As per Section 15B of the Code of Conduct, this investigation against Modise is still underway and should be concluded by the end of November. In my view, it would be premature to deal with this motion as the report on the investigation outcome has not yet been made available to Council,” he said.

Citing Section 19 (1)(B) of the Rules and Orders, Marishane added that the motion merely expressed an opinion and advanced argument and was therefore dismissed.

As a result, Council did not debate or vote on the motion.

Modise’s troubles began when questions arose about his alleged ties to Triotic Protection Services, a company providing watchman security services to the Tshwane metro.

The company reportedly holds contracts worth millions, sparking concerns over a potential conflict of interest.

According to the DA, Modise became a councillor in February 2023 but allegedly failed to disclose his financial interest in Triotic – a direct breach of rules meant to uphold transparency and integrity among public officials.

The Municipal Systems Act prohibits councillors from benefiting from contracts with the municipalities they serve.

The DA claims Modise personally profited from the deals, pointing to evidence of his ownership or shares in Triotic.

Tshwane Mayor, Dr Nasiphi Moya, subsequently ordered an internal probe into the allegations.

According to the DA, leaked findings from the investigation confirmed that Modise failed to declare his interests in Triotic.

The party further alleges that Modise was ‘dishonest’ by claiming he had sold his shares through an instalment sale agreement, a deal where payments are made over time but ownership may not fully transfer immediately.

DA caucus leader Cilliers Brink criticised the city’s leadership, accusing the governing ANC/EFF/ActionSA coalition of protecting Modise.

“Today, the Acting Speaker of Tshwane blocked a DA motion of no confidence in Deputy Mayor Eugene Modise on the basis that the motion is premature,” Brink said.

He argued that the Speaker refuses to table the completed investigative report in Council.

“The investigation into Modise’s undisclosed and continuing financial interest in Triotic Protection Services, a company with a multi-million rand contract with Tshwane, was completed weeks ago,” Brink said.

Brink added that leaked copies of the report confirm Modise is in material breach of the Code of Conduct for Councillors.

“The code prohibits councillors from benefitting from municipal contracts,” Brink said.

He also accused Moya of shielding Modise by retaining him as MMC for Finance despite the allegations.

“In turn, the Speaker prevents the investigative report from being tabled in Council,” he said.

The DA has since instructed its attorneys to take legal action to compel the city to release the Modise report.

Brink revealed that Triotic’s contract with Tshwane lapsed in February of this year, yet was extended without a competitive bidding process, resulting in R170-million in irregular expenditure.

“At present, Triotic continues to provide security watchman services to Tshwane without a valid contract, thus incurring irregular expenditure daily,” he claimed.

“We can’t trust this guy [Modise] to be the custodian of the city’s finances.”

He added that had Modise’s interests been disclosed, the city would not have extended the contract, and the irregular spending could have been avoided.

“Considered together, Modise’s misrepresentation in failing to declare his interest in Triotic and the prejudice suffered by the city justifies a criminal charge of fraud against Modise,” Brink said.

“The city is trying to protect Modise by hiding the report. Now, the DA will force the city’s hand and make public what they would rather keep hidden.”

Modise said the lies being peddled by the DA ‘are getting tiring’.

He said the DA is on the campaign trail since announcing its candidates, and because it lost traction and relevance, it resorts to lying.

“They attacked the Executive Mayor, Dr Nasiphi Moya, for months, then went for the Speaker and tabled a nefarious motion which was defeated. Now, it’s my turn, and this time they used the clumsiest MONC I have ever come across,” Modise said.

He said the DA Caucus have lost confidence in the Deputy Mayor, whom they have never voted for and never supported on anything.

“DA wrote to the City Manager, and when he was supposed to respond, they went to the Executive Mayor and requested her to conduct an investigation on their allegations, which in itself demonstrates that they were not confident with their story.

“The Executive Mayor immediately instituted a forensic investigation, and while waiting for the firm to conduct its work, they then rushed to the Public Protector on their allegations.”

Modise added that the Speaker, who is the chairperson of Council, then received the briefing on their allegations and was advised to get the legal opinion. “He is finalising his internal normal processes and [the report] will be tabled in November.”

“Now, they run amok because they realised that all investigations are not giving them what they want, they brought a flimsy MONC.”

He further said, “There’s nothing dodgy, nor strange, they want to influence supply chain processes, which we welcome them to do and be exposed”.

“No political principal can extend any contract, and the [accusation of] irregular expenditure is unfounded. They reserve the right to explore all avenues they deem necessary and can even go to [the] Madlanga Commission because we have nothing to hide,” Modise stated.

He said the DA previously lied that he didn’t pay rates and taxes and never apologised because “it’s in their nature to undermine us, the natural people of African origin”.

Also read: Pressure mounts on mayor over Modise report

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