The City of Tshwane has warned that the legal fight over the removal of its acting city manager is no longer only about who occupies the top administrative office but also about the fate of thousands of decisions made under that authority.
In an answering affidavit filed in the Pretoria High Court, acting city manager Dr Musa Khumalo argues that Solidarity’s attempt to immediately restore former city manager Johann Mettler could destabilise municipal operations by casting uncertainty over contracts, payments, appointments and other administrative actions already taken.
The dispute turns on a simple but explosive question: if the process that placed Khumalo in the acting position is later overturned, what happens to everything done under his watch?
Khumalo, who is also cited as Tshwane’s accounting officer, says the court must separate the question of who occupies the office from the consequences of decisions already made by the administration.
“The concern is that the remedy must not retrospectively destabilise the municipal administration or prejudice innocent third parties,” the affidavit states.
Solidarity wants council’s decision paused
Solidarity, representing Mettler, is asking the court to pause the council’s decision, the announcement of that decision, Khumalo’s temporary appointment, and any actions that come from those decisions. It also wants Mettler restored as city manager with full access to office systems, records, staff, reporting lines and decision-making authority.
But Tshwane’s response is that the relief sought goes far beyond restoring an individual official. It could effectively rewind the administration.
Khumalo argues that the city manager’s office is not an ordinary employment position. It is the institutional engine through which council decisions are converted into administrative action.
“The office is the institutional point through which lawful political decisions are translated into administration,” the affidavit says.
The affidavit highlights the scale of authority attached to the position. The city manager oversees administration, financial management, implementation of council decisions and the operation of systems affecting municipal services. The position also carries the statutory role of accounting officer responsible for municipal revenue, expenditure, assets, liabilities, supply chain management and reporting obligations.
One office vs institutional continuity
The political contradiction at the heart of the case is that a fight over one office has become a fight over institutional continuity.
A court order restoring Mettler may resolve his personal legal battle, but the city argues it could create uncertainty for employees, service providers, creditors, auditors, regulators and residents who relied on decisions made under the acting arrangement.
“The people affected include employees, service providers, creditors, banks, auditors, regulators and residents,” Khumalo says.
The city’s argument is not that every decision taken under Khumalo should automatically survive if his appointment is found to be unlawful.
Instead, it argues each decision must be examined individually, depending on its source of authority, timing, nature and the rights of affected parties.
This is the central legal and political battle: whether correcting a disputed appointment should also undo the administrative machinery that operated around it.
Khumalo says the city administration could not simply ignore a formally communicated council resolution because its validity was disputed.
“The municipal administration was not entitled to decide for itself that the council process was invalid and to ignore the resolution,” the affidavit states.
The city maintains that officials were entitled to act on the arrangement until a competent court ruled otherwise.
The affidavit also places emphasis on Tshwane’s existing delegation framework, arguing that the powers attached to the city manager extend throughout the municipal structure. It warns that striking down the acting appointment without addressing downstream consequences could trigger challenges to contracts, payments, appointments, litigation decisions and other municipal actions.
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- The City of Tshwane warns the legal dispute over the removal of acting city manager Dr. Musa Khumalo affects thousands of decisions made under his authority, not just the top administrative position.
- Solidarity, representing former city manager Johann Mettler, seeks to pause Tshwane’s council decision, restore Mettler fully, and halt actions taken under Khumalo’s appointment.
- Khumalo argues the city manager’s role is crucial for administrative continuity, overseeing finance, service delivery, and implementing council decisions, so invalidating his appointment could destabilize municipal operations.
- The city contends that undoing Khumalo’s appointment should not automatically invalidate all decisions made during his tenure, and each decision must be assessed individually based on its legality and impact.
- Tshwane stresses that officials had authority to act until a court ruled otherwise and warns that reversing the appointment without addressing consequences could risk contracts, payments, and municipal services.
In an answering affidavit filed in the Pretoria High Court, acting city manager Dr Musa
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Solidarity, representing Mettler, is asking the court to pause the council's decision, the announcement of that decision,
But
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A court order restoring Mettler may resolve his personal legal battle, but the city argues it could create uncertainty for employees, service providers, creditors, auditors, regulators and residents who relied on decisions made under the acting arrangement.
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Instead, it argues each decision must be examined individually, depending on its source of authority, timing, nature and the rights of affected parties.
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