The Tshwane metro’s ongoing political turbulence intensified this week as the DA lodged a criminal complaint of fraud against deputy mayor Eugene Modise, marking a new escalation in the conflict that has engulfed the city’s coalition government.

Speaking shortly after being informed of the complaint, Modise insisted that he would not be deterred.

“I will be going to Brooklyn Police Station with my attorney and deal with evil intent,” he said to Rekord.

The complaint was filed on December 3 at the Brooklyn Police Station by the DA’s Tshwane leadership, backed by the private prosecutions unit of AfriForum under the direction of advocate Gerrie Nel.

The charge complaint was typed out and handed in at the station by Jacqui Uys, chief whip of the DA Tshwane caucus.

In the charge, she stated: “I request the South African Police Service to investigate the allegations that Mr Modise has conducted himself in violation of the Prevention and Combating of Corrupt Activities Act, that his withheld declarations caused wilful prejudice to the citizens of Tshwane City, and that may constitute a misrepresentation consistent with the criminal conduct of fraud. I believe that I am in a position to supplement any aspect of my complaint that the SAPS deem necessary for me to expound.”

According to the party, the complaint centres on Modise’s alleged breach of the councillor Code of Conduct and his continued financial benefit from a municipal security contract awarded to Triotic Protection Services, a company in which he previously held an interest.

The contested allegations stem from an investigative report commissioned by the municipality.

According to Uys, in her official complaint, the report indicated that Modise failed to declare his interests in Triotic.

In the charge, she also stated: “The report itself found that deputy mayor Eugene Modise was in breach of the Code of Conduct for Councillors for allegedly benefiting from a company doing business with the municipality.”

Uys has also referenced a 2023 judgment in which the South African Revenue Service secured a R59-million order against Triotic.

The DA argues that this raises questions about whether the company had a valid tax clearance certification when it continued to do business with the municipality.

DA Tshwane Caucus leader Cilliers Brink said the decision to pursue a criminal case was driven by a lack of decisive action by the current administration.

“Mayor Nasiphi Moya has known that Modise benefits unlawfully from a municipal contract since September, yet she retains him in the finance portfolio,” Brink maintained. “Her failure of leadership sets a terrible example and confirms the extent to which parties in the coalition have become willing to turn a blind eye to abuses.”

Brink also said the involvement of Nel’s unit was intended to ensure that the matter was thoroughly probed from the outset.

Barry Bateman, spokesperson for the unit, told Rekord: “We will monitor the case to ensure it is properly investigated and that a complete docket is presented to the National Prosecuting Authority to make a decision on whether to proceed with a prosecution.”

Modise, however, has dismissed the complaint as a last resort by opponents seeking to weaken the coalition government.

He argued that the forensic report has already cleared him of wrongdoing.

He further emphasised that Triotic’s contract was originally awarded to multiple companies under a DA administration, and before he became a councillor.

He further described the attacks on him as symptomatic of attempts to disrupt service delivery reforms.

The ongoing conflict spilt over into the Council chamber on November 27, when the investigative report into Modise’s conduct was supposed to be tabled.

Instead of adopting or discussing the report or taking immediate disciplinary action, councillors opted to refer it to a special committee for further scrutiny.

This decision drew sharp criticism from the DA, which argued that the findings were sufficiently clear to warrant direct action.

However, the Speaker’s office representative Mzwandile Khathi, defended the process as both lawful and necessary.

Explaining to Rekord why the report was not immediately acted upon, Khathi said, “The forensic report does not have a final verdict, but it makes recommendations to Council. What unfolded during Council was a democratic process where councillors agreed that a special committee must scrutinise the report and come up with a final decision.”

Khathi added that Section 14 of the Municipal Systems Act outlines how, after such a committee concludes its work, the Council may request the MEC to suspend or remove a councillor found to have breached the Code of Conduct.

He dismissed suggestions that confidentiality was used to shield officials from scrutiny, insisting that procedural safeguards are meant to ensure legality, not delay.

He added that council proceedings would not interfere with any criminal investigation arising from the DA’s complaint.

Modise has also indicated that he intends to go on the offensive.

He announced that he is initiating legal proceedings to sue individuals he accuses of defamatory conduct.

Modise argued that the allegations against him form part of a broader pattern aimed at painting the coalition government as dysfunctional.

“Residents deserve stable leadership and uninterrupted service delivery, not manufactured crises driven by those who fear losing control over the city,” he said.

– Click here to see the charge being laid at the Brooklyn Police Station by DA Caucus leader, Cilliers Brink.

WATCH: DA lodges fraud complaint against Tshwane deputy mayor

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