Tshwane Mayor Solly Msimanga will on Thursday ask the capital city’s council to issue a notice of intention to suspend city manager Moeketsi Mosola, not for the Glad Africa debacle, but for a new set of allegations of misconduct.

During a briefing on Wednesday at Tshwane House in the CBD, Msimanga told reporters that since news of the Glad Africa tender broke, Mosola had committed acts that raise the level of misconduct.

In August, allegations of tender irregularity that lead to engineering company GladAfrica securing a R12bn contract with the City of Tshwane – to provide project management support to the City – emerged.

In September, Msimanga brought allegations of wrongdoing pertaining to the Glad Africa appointment on the city manager’s part to council. An independent investigation was authorised, but Mosola was not suspended by the council.

The report by law firm Bowmans was due to be tabled in council, but this was stopped by the Labour Court after it granted an application, brought by Mosola, to interdict the tabling of the report.

The Auditor General also investigated the tender and according to Msimanga, has made startling preliminary findings in relation to the role that the city manager played in the appointment of Glad Africa, including that the contract is highly irregular.

Alleged contraventions of municipal code of conduct

“This is as part of the AG’s (Auditor General’s) annual assessment of the City’s financial performance. Until such time as the AG completes his report, I will refrain from making any premature pronouncements in this regard,” Msimanga said on Wednesday.

Msimanga added that he would not be making further pronouncements on the court process in respect of the Bowmans report as the matter is sub judice. He said he was awaiting a court date to make arguments and a subsequent legal determination permitting him to bring the investigation report on the Glad Africa appointment to council.

Mosola has denied the allegations of wrongdoing and said that all processes had been followed in the awarding of the tender.

Since Msimanga’s attempt to have Mosola placed on suspension in September, the city manager has allegedly contravened the code of conduct for municipal staff members through several acts, the mayor said.

These alleged infractions include that Mosola failed to perform the functions of his office in good faith, diligently, honestly and in a transparent manner; prejudiced his office, the administration and its efficiency; and misused his position in the municipality to prejudice the interests of political parties.

Additionally, Msimanga alleges that Mosola used his position and privileges for personal gain.

Msimanga added that Mosola has made public remarks of a political nature against him, the council and political parties which are wrong and prejudice the interests of the affected office bearers, their offices and political parties.

Managers suspended for refusing to ‘play ball’

“[Mosola] made public allegations of criminal behaviour against a political party in the municipal council, and by implication the mayoral committee of the City, which allegations he failed to deny, substantiate, report to competent authorities, or otherwise act upon in a lawful manner, despite being given an opportunity and/or [being] prompted to do so,” Msimanga said.

Msimanga said that the city manager has had a number of senior managers in the City suspended.

“It is alleged that this has been because these managers have refused ‘play ball’ in relation to Glad Africa. He has also used the City’s resources improperly more than once, including to hold press conferences to defame council and myself.

“In an effort to bring stability and focus back on service delivery, council must diligently apply its mind to my request and give effect to the intention to suspend if we are to get Tshwane back on track,” Msimanga said.

Earlier in November, Mosola lodged a grievance against Msimanga and the DA administration for allegedly leaking a preliminary council report on the GladAfrica tender.

“The preliminary council report was maliciously leaked to the Sunday Times and City Press newspapers by the executive mayor and the DA as they are the only ones who received it from their henchmen lawyers – Bowman-Gilfillan (Bowmans),” Mosola said at the time.

Mosola said he believed that it was reasonable, just and in the spirit of the rule of law that council speaker Katlego Mathebe expedite the investigation. He added that he would fight and stand against any act of “lawlessness and/or illegality”.

Source: https://www.news24.com/SouthAfrica/News/msimanga-to-ask-tshwane-council-to-suspend-city-manager-again-as-new-allegations-emerge-20181128