The Democratic Alliance (DA) has launched an urgent application in the Gauteng Division of the High Court to overturn two City of Tshwane council decisions.
The decisions relate to the precautionary suspension of city manager Johann Mettler and the classification of allegations against chief financial officer Gareth Mnisi as “less serious” misconduct.
The opposition party argues that the outcomes of both votes were unlawfully manipulated after councillors had already cast their ballots during last week’s special council meeting.
According to the DA, Speaker Mncedi Ndzwanana deliberately deducted 13 votes after voting had concluded, reversing the outcomes in favour of what the party described as predetermined decisions backed by the ANC and the EFF.
DA Tshwane mayoral candidate Cilliers Brink said the party was asking the court to set aside the council resolutions and give effect to the votes actually cast by councillors.
“It is difficult to overstate the seriousness of this. Those entrusted with upholding the democratic processes of Council acted unlawfully to overturn the votes of elected public representatives,” Brink said.
“This was a blatant abuse of power and a complete disregard for the rule of law and democratic processes.”
The legal challenge follows last week Thursday’s council meeting, where Mettler was placed on precautionary suspension with full pay pending the outcome of an independent investigation, while council resolved that allegations against Mnisi constituted less serious misconduct, resulting in his suspension being lifted while disciplinary proceedings continue.
Africa Daily previously reported that the decisions exposed divisions within the ANC-led coalition after ActionSA opposed Mettler’s suspension despite Mayor Dr Nasiphi Moya tabling the report that ultimately led to council considering the matter.
In court papers, the DA argues that the council’s recorded voting figures demonstrate that Mettler’s suspension should never have been approved.
According to the party, 92 councillors voted in favour of suspending Mettler while 95 voted against the motion.
However, the DA alleges that after the votes had been counted, the Speaker deducted 13 votes from those who opposed the suspension, changing the final result to 92 votes in favour and 82 against.
“The motion to suspend him had therefore failed. However, after the Speaker deducted 13 votes from those who voted against suspension, the result was changed to 92-82, and Mr Mettler was suspended,” Brink said.
The party claims a similar process occurred during the vote concerning Mnisi.
It says 97 councillors voted to classify the allegations against the chief financial officer as serious misconduct, while 92 voted against.
According to the DA, the Speaker subsequently deducted 13 votes from those supporting the motion, reversing the outcome to 84 votes in favour and 92 against, allowing council to classify the allegations as less serious misconduct.
“The result: a vote not to suspend Johann Mettler was turned into a decision to suspend him, while a vote to treat the allegations against Gareth Mnisi as serious misconduct was reversed,” Brink said.
The DA is asking the High Court to either declare the original voting outcomes valid or, alternatively, order that a fresh council meeting be convened so that both matters can be reconsidered through what it describes as a lawful voting process.
The party argues that the matter is urgent because Mettler’s suspension could have significant governance implications for the capital city.
“With Mr Mettler removed from office for three months, the coalition of corruption could have a free hand over the City’s procurement, contracts and expenditure. By the time he returns, millions in ratepayers’ money could already have been looted or committed through irregular contracts,” Brink said.
The court application marks the latest development in a dispute that has intensified political tensions inside Tshwane’s governing coalition.
