Tshwane manager fights to stop report on probe
Embattled Tshwane municipal manager Moeketsi Mosola believes mayor Solly Msimanga is out to fire him using the GladAfrica investigation as a "stalking horse" for an already predetermined end.
Mosola has filed papers in the Labour Court on an urgent basis in an effort to stop the city from discussing a report into the R1.2bn contract today.
The city appointed an independent law firm to investigate Mosola's role in the alleged illegal appointment of GladAfrica and was scheduled to deliberate on the findings of the investigation at today's council meeting.
GladAfrica was appointed by Mosola late last year to manage the city's capital infrastructure projects for three years.
In court papers, Mosola accused Msimanga of undertaking an "illegal and unlawful" process in investigating allegations of financial misconduct against him.
"It is not my intention to derail an investigation into the allegations of financial misconduct against me," Mosola stated in court papers.
"I welcome such investigations and the opportunity to clear my name. This is why I have sought an order to compel the city to conduct an investigation under the correct processes."
Mosola argued that the financial misconduct regulations stated that a financial disciplinary board needed to be established to investigate such allegations against him.
He accused Msimanga of "mischaracterising" the nature of the allegations under investigation to allow for the appointment of an external firm.
"The financial disciplinary board [and no other body] is charged with conducting investigations into financial misconduct," Mosola argued.
He argued that he stood to suffer "irreparable harm" should the court not grant him the relief he sought.
"The executive mayor has unfortunately embarked upon a course of conduct and a campaign to malign me, with the hope of creating a groundswell of public opinion calling for my dismissal."
Mosola said the Bowmans investigation was biased and partisan as he was not called to give any evidence. "Given its partisan nature, it is unlikely [though of course a possibility] that the investigation could exonerate me. It is also possible that the investigation could illegitimately find misconduct on my part."
Mosola asked the court to grant an order to interdict Msimanga and the city to stop the investigation and for the council to be interdicted from the tabling a report, interim or final, from the probe.
Msimanga's spokesperson Samkelo Mgobozi said the mayor was defending Mosola's application. Msimanga and the city had till 6pm yesterday to file responding papers.
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