PRETORIA, Gauteng — The Pretoria High Court has officially cleared Tshwane City Manager Johann Mettler to return to work immediately, ruling that the council speaker acted unlawfully during a contentious July council sitting. The landmark decision halts Mettler’s precautionary suspension and restores him to his administrative duties with immediate effect, sending a strong signal regarding procedural fairness in municipal governance.
The court found that Council Speaker Mncedi Ndzwanana acted unlawfully, unconstitutionally, and irrationally when he unilaterally subtracted 13 votes during the 9 July council meeting. According to the judgment, had those votes not been improperly deducted, the resolution to suspend Mettler would not have passed.
Anton van der Bijl, Solidarity Deputy Chief Executive and Head of Legal Services, who spearheaded the urgent court application on Mettler’s behalf, expressed that the city manager has been fully vindicated. Van der Bijl noted that Mettler has consistently maintained his innocence against the charges and emphasized that the disciplinary process followed was fundamentally flawed.
During the proceedings, it was revealed that the speaker had attempted to justify the vote deduction by claiming the 13 individuals had requested leave during the emergency council sitting. However, the court subsequently found that the emergency sitting itself was convened unlawfully. Van der Bijl argued that the rushed process caused unnecessary reputational harm to Mettler, forcing Solidarity to seek urgent judicial intervention to stop what they described as a “sham” procedure.
Mettler is expected to resume his duties immediately, with no handover period required, as the court order is an interim interdict with immediate effect. During his roughly three-week suspension, Dr. Muso Kumala served as the acting city manager.
Moving forward, Mettler will need to review all administrative actions, contracts, and tenders authorized during his absence. Van der Bijl clarified that while the current order is an interim measure pending a broader review application, Mettler now holds the administrative authority to investigate and potentially overturn any decisions made during the interim period if procedural illegality is discovered.
Addressing the political backdrop of the suspension, the Democratic Alliance (DA) has previously argued that Mettler was targeted because he was actively calling out unlawful tender processes within the municipality. Van der Bijl observed that while he does not delve into the intricate politics of the municipality, the rushed nature of the suspension and the council’s failure to provide basic particulars in the initial charge sheet strongly validated Solidarity’s stance. He also noted the conspicuous absence of Mayor Nasiphi Moya from the court proceedings, adding to the perception that the disciplinary action was politically motivated rather than procedurally sound.
The ruling marks a significant victory for administrative accountability, ensuring that the legally appointed leadership of the capital city can resume its duties without the shadow of an irregular suspension.
