City to Meet MEC Moiloa in Court over his Abuse of Office for Political Gain

4 April 2019

Yesterday, I received notice from the MEC of COGTA in Gauteng, Mr Uhuru Moiloa, of his irrational decision to commence the section 106(1)(b) investigation into the City of Johannesburg.

Section 106(1)(b) of the Municipal Systems Act empowers the MEC to appoint an investigation team to look into matters in which the MEC has “reason to believe that maladministration, fraud, corruption or any other serious malpractice has occurred…”

Section 106 of the Municipal Systems Act is reserved for the most serious violations of governance principles which could result in a municipality being placed under administration.

It is evident that the MEC is abusing his office for political gain in the run up to elections. This disgraceful abuse of his position is not only irrational but unlawful.

It is for this reason that the City has appointed lawyers and is left with no option but to approach the Courts to prevent this abuse of power.

The City will also be seeking a costs order against MEC Moiloa in his personal capacity as his political point-scoring in the build up to the elections cannot be at the expense tax paying residents.

The City’s efforts to engage the provincial government in good faith has been abused for purposes of box ticking.

In November 2018, the City made substantive submissions to the MEC in refute of the baseless allegations against the multi-party government.

In his letter informing the City of his rejection of our submission, MEC Moiloa provided no reasons whatsoever for his rejection of our detailed submission refuting the allegations that had been laid with him by the ANC in Johannesburg.

Although the MEC alleges to have taken ‘cognizance’ of our submission, I believe that no real effort was made to rationally conclude that there still exists “reason to believe that maladministration, fraud, corruption or any other serious malpractice has occurred…”

The allegations against this administration are a replication of the ANC’s complaint to the Public Protector in 2017. The Public Protector’s investigation into these allegations are at an advanced stage and the City has fully co-operated with the Public Protector to date.

Duplicating this investigation further demonstrates the irrational nature of the MEC’s decision.

When entering office, the City’s multi-party government declared corruption public enemy number one. Our actions have been consistent with this commitment from our first day in office.

Hundreds of alleged criminals have been arrested emanating from over 4000 investigations into R24 billion worth of public money. Despite our efforts, the City has received no assistance from the Provincial Government whatsoever in our fight against corruption.

It is clear that MEC Moiloa’s decision to institute a section 106(1)(b) investigation is motivated by politics rather than good governance principles.

This is not the first time that the MEC has abused his position to settle political scores on behalf of the ANC. Last year he unlawfully reduced the City’s housing grant by R180 million without consulting the City. He later had to backtrack on his absurd decision after being threatened with legal action.

Once again it is evident that MEC Uhuru Moiloa lacks a basic understanding of the law.

The multi-party government in Johannesburg will not stand by idly while laws are twisted for ANC political point-scoring in the build up to the elections next month. 

Issued by Tony Taverna-Turisan, Director: Legal Services, Office of the Executive Mayor, 4 April 2019