Former Tshwane city manager Moeketsi Mosola, walked away with a R4.4m golden handshake following a separation deal with mayor Stevens Mokgalapa.

In July Sowetan reported that Mosola would walk away with an estimated R7.5-million to cover the remainder of his contract with the city.

Yesterday the City of Tshwane through an affidavit of its group head for legal and secretariat services, Marna Dunkle-Kock, said Mosola was paid R4.4-m after tax on August 31st.

Dunkle-Kock revealed this amount in her replying affidavit to an urgent application brought by the ANC in Tshwane its attempt to reverse the decision the party said was never approved by council.

The ANC hauled Mokgalapa, the metro and its speaker Katlego Mathebe to court as it wants the separation deal with Mosola to be interdicted and set aside.

The ANC argues that Mokgalapa and the DA failed to get a 50+1 majority after the ANC voted against the move with the EFF opting to abstain in a council meeting on August 29, two days before Mosola was scheduled to cease being municipal manager.

In papers before the court, ANC Tshwane chairperson Dr Kgosi Maepa argued that the resolution was illegal because 115 councillors were against the resolution.

He accused Mokgalapa of having "pushed for an urgent payment" to Mosola despite the auditor-general having "identified him [Mosola] as the main conspirator in the Glad Africa irregular and illegal tender".

"In order for a resolution to pass in the council meeting, there must be a simple majority of 50+1," Maepa stated in his founding affidavit.

"In the instance of the meeting of the 29th August 2019, there was no simple majority in the council meeting, which is the quorum required to take resolutions and for the meeting to proceed."

He further stated: "The ANC (89), EFF (25) and PAC (1) registered their dissenting votes and out of a council of 214, only 108 councillors needed to to agree before a resolution was taken.

"[The] majority, of 115 councillors, voted against the resolution, and it's self-evident that the meeting did not quorate," he stated.

Maepa said they only found out on news channel eNCA on August 30 that Mosola was going to be paid a R6m golden handshake.

"It is a clear illegality in that the executive mayor acted unilaterally to pay undisclosed amount of money without a resolution determining the amount to be paid to the city manager," Maepa stated in his affidavit. Dunkle-Kock also indicated that the amount paid was what was "payable after tax".

She disputed facts presented by the ANC that the meeting did not quorate.

"An interdict cannot be granted in respect of an act which has already taken place," argued Dunkle-Kock.