News Desk Reporter
The Democratic Alliance (DA) has launched an urgent High Court application to challenge two decisions taken during last week’s Tshwane council meeting, claiming the voting process was manipulated.
The party wants the Gauteng Division of the High Court to overturn the council’s decision to suspend City Manager Johann Mettler and to reverse the decision that classified the allegations against Chief Financial Officer Gareth Mnisi as “less serious”.
According to the DA, the disputed votes were taken during a special council meeting on 9 July.
DA Tshwane mayoral candidate Cilliers Brink accused the Speaker of unlawfully changing the outcome of the votes after councillors had already cast their ballots.
“After councillors had cast their votes, the Speaker deliberately subtracted votes and reversed the results to achieve predetermined outcomes, suspending a City Manager who stood in the way of corruption while letting the CFO off lightly,” Brink said.
He described the alleged actions as a serious attack on democratic processes.
“It is difficult to overstate the seriousness of this. Those entrusted with upholding the democratic processes of Council acted unlawfully by overturning the votes of elected public representatives. This was a blatant abuse of power and a complete disregard for the rule of law and democratic processes,” he said.
The DA alleges that 13 votes were deducted from councillors whose votes did not favour the outcome supported by the ANC and EFF.
According to the party, the original vote on Mettler’s suspension was 95 against and 92 in favour, meaning the motion had failed. However, it claims the result was later changed to 92 votes in favour and 82 against after 13 votes were removed from those opposing the suspension.
The party also disputes the outcome of the vote involving Mnisi. It says councillors initially voted 97 to 92 in favour of classifying the allegations against him as serious misconduct. The DA claims the final result was later altered after 13 votes were deducted from those supporting the motion.
In its court papers, the DA is asking the High Court to reinstate what it says were the original voting outcomes. Alternatively, it wants the court to order a fresh council meeting where the matters can be voted on again and the results accurately recorded.
Brink said the matter was urgent because Mettler’s suspension could affect oversight of the city’s procurement and finances.
“With Mr Mettler removed from office for three months, the coalition of corruption could have a free hand over the City’s procurement, contracts, and expenditure. By the time he returns, millions of rand in ratepayers’ money could already have been looted or committed through irregular contracts,” he said.