Tshwane council decisions under court scrutiny

Tshwane executive mayor Nasiphi Moya says the municipality’s responses to court challenges over the appointment processes involving the municipal manager and chief financial officer have been filed, with the first legal arguments expected to be heard next week.

The Democratic Alliance and Solidarity have launched separate applications challenging recent decisions taken by the Tshwane municipal council relating to the municipal manager and, in the DA’s case, decisions involving the CFO.

Moya said the municipality’s respondents had filed their affidavits and would each respond independently to allegations linked to their respective roles in the process. The respondents include the council, the speaker, the executive mayor and the acting city manager.

“Each respondent is required to answer the allegations that relate to their own role, powers and responsibilities and are entitled to place their position before the court independently,” Moya said.

The legal challenges focus largely on the lawfulness of council decisions and the proceedings through which the resolutions were adopted, including the voting process.

Moya sought to distance herself from responsibility for the council proceedings, saying she had implemented resolutions adopted by council but had not presided over the meeting or controlled the voting process.

“Those responsibilities rest with the Speaker, and the allegations relating to those matters are addressed in his response to the court,” she said.

The mayor said the applications also raised concerns about aspects of the statutory process before the matters reached council. She maintained that she had acted within her legal powers and responsibilities.

“I have, at all times, acted in good faith and in accordance with the powers and responsibilities assigned to the Executive Mayor under the Local Government: Disciplinary Regulations for Senior Managers,” Moya said.

The interim applications are expected to be heard on July 28, while the broader legal dispute will only be determined at a later stage.

Moya said her affidavits filed earlier in the week dealt with her statutory role in the matter, while a detailed response to the substantive allegations would be submitted at the appropriate stage of the proceedings.

She said the court could ultimately find that the validity of the council proceedings and resolutions was central to the outcome of the applications.

“As these matters are now before the court, it would be inappropriate for me to comment further on the litigation,” Moya said.

The mayor said she would continue focusing on service delivery and governance in Tshwane while the court process unfolds.

  • Tshwane executive mayor Nasiphi Moya confirmed the municipality has filed responses to court challenges over the appointment processes of the municipal manager and CFO, with hearings expected next week.
  • The Democratic Alliance and Solidarity launched separate legal applications contesting Tshwane council decisions about the municipal manager and CFO appointments.
  • Respondents including the council, speaker, mayor, and acting city manager have filed affidavits and will respond independently to allegations related to their roles in the appointment process.
  • Moya distanced herself from the council's voting process, stating she only implemented council resolutions but did not control proceedings, which are the speaker's responsibility.
  • Interim legal hearings are set for July 28, with a broader dispute to follow, while Moya emphasized her continued focus on service delivery and governance amid the litigation.
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Tshwane executive mayor Nasiphi Moya says the municipality’s responses to court challenges over the appointment processes involving the municipal manager and chief financial officer have been filed, with the first legal arguments expected to be heard next week.

The Democratic Alliance and Solidarity have launched separate applications challenging recent decisions taken by the Tshwane municipal council relating to the municipal manager and, in the DA’s case, decisions involving the CFO.

Moya said the municipality’s respondents had filed their affidavits and would each respond independently to allegations linked to their respective roles in the process. The respondents include the council, the speaker, the executive mayor and the acting city manager.

“Each respondent is required to answer the allegations that relate to their own role, powers and responsibilities and are entitled to place their position before the court independently,” Moya said.

The legal challenges focus largely on the lawfulness of council decisions and the proceedings through which the resolutions were adopted, including the voting process.

Moya sought to distance herself from responsibility for the council proceedings, saying she had implemented resolutions adopted by council but had not presided over the meeting or controlled the voting process.

Those responsibilities rest with the Speaker, and the allegations relating to those matters are addressed in his response to the court,” she said.

The mayor said the applications also raised concerns about aspects of the statutory process before the matters reached council. She maintained that she had acted within her legal powers and responsibilities.

“I have, at all times, acted in good faith and in accordance with the powers and responsibilities assigned to the Executive Mayor under the Local Government: Disciplinary Regulations for Senior Managers,” Moya said.

The interim applications are expected to be heard on July 28, while the broader legal dispute will only be determined at a later stage.

Moya said her affidavits filed earlier in the week dealt with her statutory role in the matter, while a detailed response to the substantive allegations would be submitted at the appropriate stage of the proceedings.

She said the court could ultimately find that the validity of the council proceedings and resolutions was central to the outcome of the applications.

“As these matters are now before the court, it would be inappropriate for me to comment further on the litigation,” Moya said.

The mayor said she would continue focusing on service delivery and governance in Tshwane while the court process unfolds.