PRETORIA, Gauteng — The Democratic Alliance (DA) in Tshwane has launched an urgent high court challenge to overturn the controversial suspension of city manager Johann Mettler and to reclassify the alleged misconduct of Chief Financial Officer (CFO) Gareth Mnisi as serious. DA Tshwane mayoral candidate Cilliers Brink confirmed the legal action, alleging that the municipal council speaker deliberately manipulated the voting process to engineer these outcomes.
Brink described the council meeting where the decisions were made as a “shambles,” citing inadequate short notice without any justification for extraordinary circumstances. Councilors were reportedly unaware of the meeting’s specific business an hour after it commenced at 10:00. Discussions regarding Mettler and Mnisi only began at 14:30.
By that time, nine DA councilors and one Freedom Front Plus (FF Plus) member, who had initially been granted leave, had become available to attend and vote. Instead of conducting a proper roll call or removing them from the chamber, the speaker arbitrarily deducted 13 votes from the opposition bloc that opposed Mettler’s suspension and supported classifying Mnisi’s charges as serious. Brink stated that this unprecedented legislative maneuvering constitutes vote-rigging. During the meeting, the speaker repeatedly refused to answer questions about the subtraction of votes, later providing a handwritten note from the speaker’s office that confirmed the 13-vote deduction. Brink noted that without this manipulation, Mettler would not have been suspended, and the allegations against Mnisi would have been classified as serious.
The urgency of the high court application is driven by the start of the municipal financial year, a critical period for specifying and preparing tender processes. Mettler had previously flagged and refused to award key irregular tenders. His removal raises the risk that these financial irregularities will be overlooked. Furthermore, classifying Mnisi’s alleged misconduct as “less serious” restricts disciplinary actions to informal processes, such as written warnings or penalties. This would make it impossible to dismiss him even if he is found guilty of failing to declare financial interests or ties to city bidders.
Brink highlighted testimony from the Mlanga Commission, including disclosed messages and evidence from Sergeant Enorsy, which pointed to tender irregularities and raised serious questions about Mnisi’s financial interests and relationships with specific companies bidding for city contracts.
Conversely, the allegations against Mettler, spearheaded by EFF MMC Obaken Raabu, were dismissed by Brink as unsubstantiated “bare allegations.” Claims that Mettler was hiding a Special Investigating Unit (SIU) report were debunked, as the report is currently on the president’s desk for consideration. Similarly, accusations regarding the dismissal of 44 municipal workers were unfounded; the city was merely enforcing a court order that had declared a 2023 strike unlawful. Allegations of an unauthorized pay compromise with staff were also baseless, given that the ANC and EFF were parties to the agreement.
Brink pointed out the irony that the day after Mettler’s suspension, the city won a court case against the “Royal 5” senior officials implicated in an irregular wastewater treatment plant tender awarded to Edwin Sodi and associates. Mettler had insisted on this strict legal stance despite constant political pressure from the ANC and EFF.
The DA leader warned that the current ANC-led coalition is deeply unstable. Mayor Nasipi Moyer initially voted with ActionSA to issue Mettler a notice regarding suspension, only to later vote against it alongside ANC and EFF coalition partners. Brink reiterated his prior warnings that this coalition would halt the Hammanskraal clean water project, reinstate the politically connected “Royal 5,” and remove Mettler—predictions he claims have now materialized.
Court papers were filed recently, with respondents given until Thursday to indicate whether they will oppose the matter. Brink emphasized that regardless of political maneuvering, a constitutional democracy requires strict adherence to the rule of law. The DA intends to continue fighting for judicial scrutiny to protect the residents and financial integrity of Tshwane.
