Tshwane city manager Johann Mettler has accused the municipality of trying to suspend him without telling him what he is alleged to have done wrong, arguing that the process is legally defective and procedurally unfair.
In written representations submitted to executive mayor Nasiphi Moya on Friday, Mettler, through Solidarity’s legal department, challenged the city’s notice calling on him to explain why he should not be placed on precautionary suspension.
The city has made 13 general accusations against Mettler, saying he didn’t follow the Public Protector’s orders, ran illegal hiring processes, kept information from the council, put the municipality at risk of losing money, and didn’t manage consequences properly.
However, Mettler argues that the notice contains little more than general accusations and fails to provide the factual detail required for him to answer the allegations meaningfully.
According to the submission, the notice fails to specify the exact conduct attributed to Mettler, the timing of the alleged misconduct, the legal duties he is accused of breaching, the documents that support these allegations, the legal duties he is accused of breaching, the documents relied upon, or the factual basis for the council’s conclusions.
“The issue is not whether our member understands the broad themes underlying the allegations. The issue is that he has not been informed of the factual case he is required to answer.”
Solidarity argues that a senior manager cannot reasonably be expected to respond to allegations framed in broad terms while being left to speculate about the incidents on which the municipality relies. The submission further contends that the notice merely catalogues allegations without disclosing the factual foundation on which they are based, undermining Mettler’s statutory right to make meaningful representations.
It also argues that the municipality failed to establish the legal requirements for precautionary suspension because it did not identify how Mettler’s continued presence at work would jeopardise an investigation, interfere with witnesses or destabilise the municipality.
The legal team further submits that the municipality should have disclosed the reports, forensic investigations, Public Protector findings, SIU material or other evidence on which it relied before calling on Mettler to respond. Without that information, it says, the opportunity to make representations amounts to little more than speculation.
Despite challenging the legality of the process, Mettler proceeds in the document to deny each of the 13 allegations while reserving his right to challenge any decision arising from the suspension process in court.
- Tshwane city manager Johann Mettler accuses the municipality of attempting to suspend him without clearly specifying his alleged wrongdoing, calling the process legally and procedurally flawed.
- The municipality made 13 broad accusations against Mettler including ignoring Public Protector orders, illegal hiring, withholding information, financial risks, and poor consequence management.
- Mettler’s legal team argues the suspension notice lacks essential factual details, such as exact misconduct, timing, legal duties breached, and supporting evidence, hindering his ability to respond properly.
- Solidarity claims the municipality also failed to justify why precautionary suspension is necessary and did not provide relevant reports or evidence to support the allegations.
- While disputing the allegations and the process, Mettler denies all charges and reserves the right to legally challenge any suspension decision.
