NEWS & ANALYSIS

Grievance laid against Solly Msimanga - Dr Moeketsi Mosola

Tshwane city manager questions whether appointment of Bowman-Gilfilan was irregular

Tshwane City Manager files a grievance against Solly Msimanga

Pretoria – Friday, 09 November 2018: Today the Johannesburg Labour Court postponed the matter by the City Manager of Tshwane – Dr. Moeketsi Mosola against the respondents: Executive Mayor Solly Msimanga, the Speaker of Council – Councillor Katlego Mathabe and the City of Tshwane following a successful interdict as was granted on 25 October 2018 by the same court on the GladAfrica Preliminary Council Report by Bowman-Gilfillan. The postponement is as a result the COO of Tshwane joining in on the matter. The parties are expected to comply with the court order by next week Friday, 16 November 2018 with the matter to be argued at a time to be determined by the court.

Following concerns that the appointment of Bowman-Gilfilan was irregular – Dr. Mosola has written to Executive Mayor Solly Msimanga to work together to investigate the procurement process. The concerns are strengthened by how the Democratic Alliance (DA) has circumvented the law and instituted the illegal investigations where it governs using their henchmen lawyers – Bowman-Gilfillan.

As the Accounting Officer that respects the rule of law and that prioritises good governance – Dr. Mosola has a responsibility to ensure that goods and services are procured in accordance with the prescripts of the law and regulations are complied with. This investigation is one of the many that the City has conducted in the course of its business whenever concerns of irregularity in supply chain processes are raised.

Further to the investigation into procurement of Bowman-Gilfilan – Dr. Mosola has also submitted a formal grievance against the Executive Mayor Msimanga and the DA administration in Tshwane for leaking a Preliminary Council Report on the GladAfrica tender. The Preliminary Council Report was maliciously leaked to the Sunday Times and the 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. 

Invoking the Code of Conduct for Councillors (Schedule 1, Section 10 (2) (c) of the Local Government: Municipal Systems Act of 2000 and Regulations) – Dr. Mosola submitted his grievance to Speaker of Council to investigate the illegal and unlawful conduct of the Executive Mayor and the DA administration in Tshwane. Dr. Mosola believes that in light of the Solly Msimanga’s claims last week about maintaining the highest ethical standards are laughable because the very person making these claims thought it wise to leak a Council Report to the media in an attempt to tarnish the City Manager’s good name and reputation.

The appalled Dr. Mosola says, “the leaking of an interdicted Council Report by the Executive Mayor and the governing party in Tshwane is utter disregard of the law, disrespect of the court judgements and most importantly – it constitutes a serious breach of the Code of Conduct for Councillors. I believe it is reasonable, just and in the spirit of the respect of the rule of law to expect the Speaker to expedite the investigation into this lawlessness and breach by Solly Msimanga and his DA in Tshwane who always claim to be proponents of fairness and good governance. South Africa is not the ‘Wild West’ where people act with impunity and disregard of the law and, those aiding and abetting them, ought to be brought to book as well.”

In his submission of the grievance, Dr. Mosola has requested the Speaker to expedite the investigation into the illegal and unlawful conduct of the Executive Mayor and DA Administration in Tshwane for the following reasons:

1.  The Johannesburg Labour Court on Thursday, 25 October 2018 ordered the Executive Mayor, the Speaker of Council and the City of Tshwane to stop the tabling and use of the Preliminary Council Report in any form;

2.  The court has set up another hearing on 09 November 2018 for the argument of the merits or the demerits of the report; and most importantly

3.  The leaking of the Preliminary Council Report to the continues to impugn the reputation of the City Manager and cause irreparable damage to his good name and respected professional conduct.

“I am a constitutionalist and firmly believe in the rule of law, thus I will fight and stand against any act of lawlessness and/or illegality when I see and experience it. With this grievance I believe the Council will see through the Executive Mayor and his DA’s motives of attempting to get rid of me by hook or crook. No one has to be a rocket scientist to see through the most recent witch-hunt against me with a press release that was released yesterday claiming that the qualifications audit was my personal project targeting the staff members in the political office in particular – the Mayor’s”, concluded Dr. Mosola.

Statement issued on behalf of Dr Moeketsi Mosola by Decode Public Relations, 9 November 2018