Tshwane city manager granted urgent interdict on GladAfrica report

2018-10-25 17:54

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The Labour Court in Johannesburg has granted the city manager of Tshwane, Moeketsi Mosola, an urgent interdict to stop the tabling of a report on GladAfrica.

Judge Andre Van Niekerk said the merits of the final application would be argued in November.

"Pending the decision on merits of the application, the respondent is interdicted from tabling investigative report whether in drafts interim or final form arising from the council's resolution dated 10 September 2018 for consideration or adoption by the council," said Van Niekerk.

The judge agreed with Mosola's legal counsel and said the court had jurisdiction to hear the city manager's application.

On Thursday the capital city's council was due to table the preliminary report into Mosola's role in the appointment GladAfrica, a Midrand-based engineering firm that was appointed to manage the City's infrastructure projects. 

The multibillion-rand tender has been a source contention in the city as opposition parties in Tshwane called for both Mosola and Mayor Solly Msimanga to be removed over the awarding of the contract.

On Thursday, the ANC in Tshwane also tabled an urgent motion to have Mosola suspended ahead of the sitting.

Van Niekerk has set down November 9 for final arguments on the matter. Respondents were given until November 2 to file their supplementary affidavits, replies by November 7 and heads of arguments by November 8.

In response to the court's ruling, Msimanga said the city would make further representations as to why council needed to consider the preliminary report during the next court appearance.

He maintained that the Labour Court had no jurisdiction over the matter because the investigation currently underway related to tender irregularities "and not the relationship between employer and employee".

He said the city was still committed to accountability, saying the same could not be said for the ANC, who had announced their intention to move for Mosola's suspension in a council sitting on Thursday.

He said by Thursday afternoon, the same party was sitting in council chanting that they had no problem with Mosola.

"The ANC would do well to decide whether or not it is committed to getting to the bottom of this matter."

He said it was important to note that no one be victimised in the process.

"One has to wonder why there is so much nervousness [surrounding] a report that has not even been circulated for consideration," Msimanga said.

Read more on:    gladafrica  |  moeketsi mosola  |  tshwane

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