Msimanga, Mosola to battle in court

24 October 2018 - 08:40
By Isaac Mahlangu
Tshwane mayor Solly Msimanga.
Tshwane mayor Solly Msimanga.

City of Tshwane mayor Solly Msimanga is bracing himself for a legal showdown against city manager Moeketsi Mosola with the tabling of a report into the R12bn infrastructure management project set to be decided in court.

Sowetan has learnt from two independent sources in the metro yesterday that Mosola will be bringing an urgent application in the North Gauteng High Court in Pretoria to interdict a report into his role in the multi-billion rand contract.

Mosola was being investigated for allegedly having irregularly awarded the three-year project management contract to engineering company, GladAfrica.

Msimanga's spokesperson Samkelo Mgobozi said last night: "We are aware of the city manager's intentions to interdict the report on GladAfrica that is meant to be tabled at Thursday's [tomorrow] council sitting and our legal team is applying its mind to the matter."

Mosola couldn't be reached for comment last night and had not responded to Sowetan's messages by the time of going to press.

There has already been a brewing conflict between Msimanga and Mosola over the municipal manager using lawyers paid by the metro to defend himself against the metro over the GladAfrica saga.

On Monday, Mosola confirmed to Sowetan that lawyers were appointed for his defence. "Section 109A of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000) allows the city to appoint attorneys for officials, including the city manager and councillors if the need arises," Mosola said.

Sowetan learnt that the appointment of the lawyers for Mosola was done by his junior, Marna Kock, the city's group head for legal services.

Mosola said there was nothing untoward with Kock's role.

"All appointments of legal representation made by the chief legal counsel were done with full authority under the City of Tshwane's corporate systems of delegations," he said.

Msimanga's office was already demanding answers with regards to the city being made to foot Mosola's legal bill.

"An e-mail was sent to the chief legal counsel [Kock] by the legal advisor in the office of the executive mayor requesting responses, which was duly responded to and we are applying our mind to those responses," Mgobozi said.

"All decisions regarding the recovery of any legal fees will be taken at the appropriate time, when the matter is concluded," Mgobozi said.

The lawyers have already protested to Msimanga, in a letter that Sowetan has seen, complaining about the unfairness of investigating Mosola using an external firm.