PRETORIA — The Democratic Alliance (DA) has launched an urgent application to challenge Tshwane Council decisions regarding the suspension of City Manager Johann Mettler and the reinstatement of Chief Financial Officer Gareth Mnisi. The opposition party is asking the High Court to review and set aside the resolutions, which they describe as unlawful after 13 votes were allegedly improperly deducted, fundamentally altering the outcome of both decisions.
The legal challenge centers on a recent council sitting where the DA claims the speaker artificially subtracted 13 of their votes. According to the party, had those votes been properly counted, the majority of councillors would have voted against Mettler’s suspension, citing a lack of grounds, and would have treated the accusations against Mnisi with the necessary severity, potentially leading to his dismissal.
Cilliers Brink, the DA’s Tshwane mayoral candidate and former mayor of the municipality, outlined the party’s grievances outside the court, emphasizing the urgency of the matter. Brink warned that if Mettler is suspended for the proposed three months, there is a severe risk of looting and the awarding of irregular tenders by the ruling coalition through an acting city manager, especially with the upcoming elections approaching. She noted that Mettler had previously put his foot down against irregular supply chain practices.
The reinstatement of Mnisi has proven to be a highly sensitive and controversial issue. Mnisi was previously suspended following his implication in serious tender-related interference allegations, which were highlighted during the Madlanga Commission. An independent forensic investigation found that he had breached both supply chain management regulations and the staff code of conduct.
Brink argued that under the disciplinary regulations for senior managers, breaching the law immediately classifies the allegations as “serious.” She criticized the council for bringing Mnisi back under a mere final written warning, stating that doing so compromises the integrity of Tshwane’s disciplinary processes and disrespects the will of the people.
The DA’s legal push has faced pushback from ActionSA and Tshwane Mayor Nasiphi Moya, who claimed that the 13 DA councillors were simply absent on the day of the vote, which allegedly saved Mettler from suspension. Brink vehemently rejected this narrative, clarifying that the 13 councillors had taken approved leave. She confirmed that 10 councillors were actually present in the chamber—including a member of the Freedom Front Plus—and that no roll call was conducted. The DA maintains that the present members were not asked to leave and simply voted, before the speaker allegedly rigged the final tally.
Brink also directed sharp criticism at the Action SA-led coalition, accusing the mayor of a “complete abdication of leadership.” She argued that the mayor had multiple opportunities to halt the action against Mettler and ensure the allegations against Mnisi were treated seriously, but instead chose to “fold her hands,” effectively reinforcing a corruption network.
Addressing ongoing public criticism that the DA relies on courtrooms to fight political battles, Brink defended the legal route as the only constitutional remedy available. “In a constitutional democracy with the rule of law, your only thing to do is approach a court of law when a democratic vote is rigged,” she stated, adding that the party will not sit back and allow democratic processes to be manipulated.
Beyond the courtroom, the DA is intensifying its political efforts ahead of the upcoming voters’ roll closure. Brink urged the residents of Tshwane to register to vote and help the party “take back the city” from what she described as a corrupt cabal and puppet parties enabling old networks of tenderpreneers.
The Pretoria High Court is set to hear the full arguments of the urgent application as the political and legal battle over the municipality’s leadership intensifies.
