DA determined to 'break every rule in the book to get rid of me' - Mosola
Tshwane City manager Moeketsi Mosola says he is "confident" and "relieved" after he turned to the Labour Court in his protracted battle with the City and its mayor, Solly Msimanga.
The Labour Court in Johannesburg granted Mosola an urgent interdict on Thursday to stop the Tshwane City council from tabling the findings of an investigative report into GladAfrica.
The capital city's council was due to table the preliminary report into Mosola's role in the appointment of GladAfrica, a Midrand-based engineering firm, to manage City infrastructure projects. The awarding of the multibillion-rand tender has been a source of contention in the City as opposition parties in Tshwane called for both Mosola and Msimanga to be removed over it.
Mosola, who was represented by advocate Richard Solomon, SC, and assisted by communication strategist and former Power FM presenter JJ Tabane, told journalists outside court that he was relieved to have been heard by the court.
He claimed his letters to the DA government and Msimanga, in which he raised concerns about the resolution to investigate the appointment of GladAfrica, were ignored.
"I said to them the mayor is accusing me of financial misconduct, which he has not given any evidence for whatsoever," he said.
He also claimed Msimanga opted to use a "simpler" method to get rid of him instead of going through the financial disciplinary board.
Mosola, who said he had no affiliation to any political party represented in the Tshwane council, said the report could not have been impartial because he had not been consulted.
"Our laws require natural justice which means there has to be a right to reply. It cannot be that the City of Tswhane tabled [a report] when they have not heard my side of the story," he argued.
Citing some of the DA's legal battles with Cape Town Mayor Patricia de Lille, Mosola said the same law firm was used in the Tshwane matter and only served to "muddy the water". He was referring to the law firm Bowmans.
"That investigation has been rubbished by the executive mayor of Cape Town Patricia De Lille, by saying it's a bogus report. The DA government in Tshwane go and [appoint] the same people to come and do an investigation against me and they release another bogus report," he claimed.
Making more serious allegations against the City, Mosola said The DA was desperate to get its hands on the City's finances for the upcoming national elections.
"The DA and its mayor in Tshwane are determined to break every rule in the book to get rid of me as a City manager because I have protected the resources of the City of Tshwane," he claimed.
"I'm here because the DA wants to have their hands on the money so they can finance the elections next year and I am standing firm that it will not happen," he continued.
Msimanga's office released a statement noting the court outcomes, but disputing the court's jurisdiction over the matter.
"We maintain that the Labour Court indeed has no jurisdiction over this matter because the investigation currently under way relates to tender irregularities and not the relationship between employer and employee," said Msimanga's spokesperson Sam Mgobozi.
Mgobozi also lambasted the ANC in Tswhane, which earlier lodged a motion for Mosola's suspension.
"We are steadfast in our commitment to accountability in this regard. The same cannot be said for the ANC that this morning announced that they were to move for the suspension of the City manager who now sits in council, chanting that they have no problem with the City manager," said Mgobozi.
"It is duplicitous, to say the least. The ANC would do well to decide whether or not it is committed to getting to the bottom of this matter," he added.
Update:
Tshwane city manager granted urgent interdict on GladAfrica report
The Labour Court in Johannesburg has granted the city manager of Tshwane, Moeketsi Mosola, an urgent interdict to stop the tabling of a report on GladAfrica.
Judge Andre Van Niekerk said the merits of the final application would be argued in November.
"Pending the decision on merits of the application the respondent is interdicted from tabling investigative report whether in drafts interim or final form arising from the council's resolution dated 10 September 2018 for consideration or adoption by the council," said Van Niekerk.
The judge agreed with Mosola's legal counsel and said the court had jurisdiction to hear the city manager's application.
On Thursday the capital city's council was due to table the preliminary report into Mosola's role in the appointment GladAfrica, a Midrand-based engineering firm that was appointed to manage the City's infrastructure projects.
The multibillion-rand tender has been a source contention in the City as opposition parties in Tshwane called for both Mosola and Mayor Solly Msimanga to be removed over the awarding of the contract.
On Thursday, the ANC in Tshwane also tabled an urgent motion to have Mosola suspended ahead of the sitting.
Van Niekerk has set down November 9 for final arguments on the matter. Respondents were given until November 2 to file their supplementary affidavits, replies by November 7 and heads of arguments by November 8.
