PRETORIA — The Democratic Alliance (DA) in Tshwane has launched a formal legal challenge against the city council’s recent decisions to place City Manager Johan Mettler on precautionary suspension and reinstate Chief Financial Officer Gareth Mnisi. DA Tshwane leader and mayoral candidate Cilliers Brink argues that Council Speaker Mncedi Ndzwanana unlawfully excluded 13 DA votes during a chaotic July 9 council sitting, resulting in an irregular and undemocratic outcome that the party is now seeking to set aside in the Gauteng High Court.
According to Brink, the July 9 council meeting was convened with only 48 hours’ notice, which the DA deemed inadequate. Furthermore, the council received no notification regarding the business of the meeting until an hour after it had already begun. Although 13 DA councillors had initially submitted leave requests due to the council being in recess, nine made themselves available to attend once the meeting’s agenda became clear. A councillor from the Freedom Front Plus (FF Plus) also returned from leave for the sitting.
Despite these councillors being present and ready to vote, Brink alleges that Speaker Ndzwanana chose not to conduct a roll call. Instead, the speaker arbitrarily deducted 13 votes from the motions opposing Mettler’s suspension and opposing the classification of allegations against Mnisi as “less serious.” Brink condemned the move as an egregious manipulation of the democratic process, describing it as a coordinated political drive to remove Mettler from office while providing Mnisi with a “soft landing.”
The DA contends that the suspension of City Manager Johan Mettler is not based on factual grounds, but is rather designed to clear the way for corruption. Brink stated that the allegations against Mettler, brought forward by a single EFF councillor, lack any connection to reality. Instead, the DA’s court papers highlight that Mettler has faced repeated political attacks from the ANC and EFF coalition because he has refused to award tenders that would result in irregular expenditure. As a primary example, the DA cited a proposed 40-year lease of the Tshwane Showgrounds, which Mettler reportedly flagged as potentially irregular.
The role of Tshwane Mayor Nasiphi Moya has also drawn scrutiny. Brink noted that on June 25, the mayor initially voted to issue Mettler with a notice of intention to suspend, despite the DA’s arguments that no case had been made regarding his potential interference with investigations. Surprisingly, an hour before the July 9 meeting, the mayor’s ActionSA party reportedly reached out to the DA to indicate they would not vote for the suspension. However, when the DA approached the Gauteng High Court to challenge the rigged vote, the mayor entered an appearance to defend the council’s decision. Brink pointed out that the mayor’s senior counsel merely stated they would abide by the court’s ruling without making further arguments, suggesting the mayor was part of the initial drive to suspend Mettler and now appears at odds with her ANC and EFF coalition partners.
Regarding Chief Financial Officer Gareth Mnisi, the DA argues that his reinstatement is the result of a manipulated and expedited disciplinary process. During the same July 9 meeting, the council voted to treat allegations against Mnisi as “less serious.” Had the council voted that the allegations were serious, an independent disciplinary panel would have been convened, where a guilty verdict could have resulted in dismissal.
Because the vote was allegedly rigged, Mnisi’s matter was treated as less serious, leading to a rushed disciplinary process that concluded with a mere written warning. Brink emphasized that the allegations against Mnisi, which include testimony referenced at the Madlanga Commisson and breaches of the code of conduct for senior managers and supply chain management regulations, are inherently serious. The DA maintains that if these allegations are proven through a proper, lawful process, Mnisi should face dismissal.
The Gauteng High Court is expected to review the matter, with the DA firmly committed to arguing that both the suspension of Mettler and the lenient treatment of Mnisi must be set aside to uphold municipal integrity and the rule of law.