Tshwane chief financial officer Gareth Mnisi has asked the Gauteng High Court to dismiss the Democratic Alliance’s urgent bid to halt disciplinary proceedings against him, arguing that the case has already been overtaken by events because the city’s acting manager has completed the process and issued him with a final written warning.
Mnisi filed an answering affidavit last Wednesday after the DA sought urgent relief following a controversial July 9 council meeting that suspended city manager Johann Mettler and resolved to institute disciplinary action against him. He argues that Mettler’s subsequent suspension and replacement by acting city manager Dr Musa Khumalo fundamentally changed the legal position on which the DA based its application.
‘Final written warning valid for six months’
According to Mnisi, Khumalo assumed office on July 10, issued him with a notice under Regulation 7 of the Local Government Disciplinary Regulations on July 14, considered his written representations and, on July 20, imposed a final written warning valid for six months. He says those steps brought the disciplinary proceedings to a lawful conclusion before the court could intervene.
That sequence forms the central defence to the DA’s application.
Mnisi argues that the court is now being asked to stop a disciplinary process that no longer exists.
“The order sought in prayer 3 has been overtaken and is legally incompetent,” he says in the affidavit.
His argument rests on the proposition that the acting city manager exercised an independent statutory power after Mettler’s suspension.
Because that decision has already been taken, Mnisi argues, the court cannot interdict proceedings that have already been finalised.
‘Khumalo’s decision carries full legal effect’
He further argues that Khumalo’s decision carries full legal effect unless it is successfully reviewed.
“The decision is binding unless and until set aside on review,” the affidavit states.
Mnisi also disputes one of the DA’s principal allegations that the council ignored the recommendations of an independent forensic investigation.
‘Less serious misconduct’
He says the investigators themselves concluded that the allegations amounted to “less serious misconduct” under the disciplinary regulations and that the DA provides no legal basis for arguing they should instead have been treated as serious misconduct.
The affidavit further rejects the DA’s reliance on a legal opinion by advocates Muzi Sikhakhane SC and P Managa. Mnisi says the opinion did not classify the allegations as serious misconduct but dealt only with the legal requirements if the council wished to depart from the forensic investigator’s recommendations.
“There was no deviation from the forensic findings as alleged by the applicant, nor can it be argued that there was,” the affidavit says.
Mnisi says he was not present at the July 9 council meeting and therefore cannot testify about what transpired. He says, however, that he understands the council adopted the forensic recommendation before the acting city manager completed the disciplinary process in accordance with Regulation 7.
The answering affidavit deals only with the urgent relief sought in Part A of the proceedings. Mnisi says he will respond separately to Part B, in which the DA seeks to review the legality of the underlying council decisions.
- Tshwane CFO Gareth Mnisi requests Gauteng High Court to dismiss the DA's bid to halt disciplinary proceedings against him, citing the process's completion.
- Acting city manager Dr Musa Khumalo, who replaced suspended Johann Mettler, issued Mnisi a final written warning valid for six months, concluding the proceedings.
- Mnisi argues the court cannot stop a disciplinary process that no longer exists and that Khumalo’s decision holds full legal effect unless reviewed successfully.
- He disputes the DA's claim that the council ignored forensic investigation recommendations, noting investigators classified the allegations as "less serious misconduct."
- Mnisi rejects reliance on a legal opinion cited by the DA and plans to respond separately to the DA's review of the council's underlying decisions.
Mnisi filed an answering affidavit last Wednesday after the DA sought urgent relief following a controversial July 9 council meeting that suspended city manager Johann Mettler and resolved to institute disciplinary action against him. He argues that Mettler's subsequent suspension and replacement by acting city manager Dr Musa
Mnisi argues that the court is now being asked to stop a disciplinary process that no longer exists.
"
His argument rests on the proposition that the acting city manager exercised an independent statutory power after Mettler's suspension.
Because that decision has already been taken, Mnisi argues, the court cannot interdict proceedings that have already been finalised.
He further argues that
"
Mnisi also disputes one of the DA's principal allegations that the council ignored the recommendations of an independent forensic investigation.
He says the investigators themselves concluded that the allegations amounted to "less serious misconduct" under the disciplinary regulations and that the DA provides no legal basis for arguing they should instead have been treated as serious misconduct.
"
Mnisi says he was not present at the July 9 council meeting and therefore cannot testify about what transpired. He says, however, that he understands the council adopted the forensic recommendation before the acting city manager completed the disciplinary process in accordance with Regulation 7.
