The Gauteng High Court on Friday, July 31, ruled that Tshwane Council Speaker Mncedi Ndzwanana had wrongly discarded 13 votes, impacting a council decision to suspend City Manager Johann Mettler. The court's decision allows Mr. Mettler to return to his post while it assesses the lawfulness of the council meeting held on July 9, which had initially led to his suspension.
The court suspended the council's decision to place Mr. Mettler on precautionary suspension, affirming his right to resume his duties. The judgment explicitly stated that Mr. Mettler "is entitled to resume and continue in the office of city manager" until the ongoing review application regarding the council's actions is fully decided.
Court's Reasoning on Votes
The Gauteng High Court ruled that Tshwane Council Speaker Mncedi Ndzwanana lacked the authority to determine which councillors’ votes counted in the decision to suspend City Manager Johann Mettler. Before announcing the result of the vote, the Speaker had removed 13 votes cast by councillors who had been granted leave of absence. The court found that if those 13 votes had been counted, Mr. Mettler would not have been suspended.
The court rejected the argument that councillors who had been granted leave of absence lost their right to vote. The judge stated, "the mere presence of a councillor at a council meeting suffices for the councillor to partake in the meeting, including [the] ability to vote." The judge further ruled that the Speaker had no legal power to decide which votes should count, adding, "There simply is no means by which it can be concluded that the Speaker had a discretion of any kind to decide upon the eligibility of a councillor to cast a countable vote."
The court found that the Democratic Alliance (DA) had shown enough evidence to justify an interim order. According to the judgment, 92 councillors had voted in favour of suspending Mr. Mettler, with 82 voting against. The court's ruling did not make a final decision on whether the July 9 council meeting itself was lawful. The review application, which will ultimately decide the lawfulness of the July 9 council meeting and the decisions taken there, has not yet been heard.
Background of Suspension
Mr. Mettler's removal followed a motion initiated by the Economic Freedom Fighters' (EFF) Tshwane leader, Obakeng Ramabodu. Mr. Ramabodu accused Mr. Mettler of maladministration, making irregular appointments, and failing to conduct mandatory vetting for officials appointed to the Tshwane Metro Police Department. Mr. Mettler had been appointed as Tshwane's city manager in 2022 during the tenure of the then-mayor, the Democratic Alliance's (DA) Randall Williams. Prior to his role in Tshwane, Mr. Mettler served as the city manager for Nelson Mandela Bay. The Democratic Alliance had initially sought a court order to overturn the suspension of the City's chief financial officer, Gareth Mnisi, in addition to Mr. Mettler's suspension. However, the DA later withdrew that specific part of its application to the court.
Reactions and Next Steps
Acting Judge Karin Pillay concluded that the Speaker had exceeded his authority. Judge Pillay stated, "The Speaker did not have the authority to determine a councillor’s eligibility to vote or to subtract the votes that were indeed cast in the execution of those affected councillors’ mandates and duties." She further clarified that "Permission granted to a councillor to be excused from the obligation to attend and the constitutional entitlement to partake can never become a bar to compliance with the obligation and to exercise the entitlement." Judge Pillay also noted that the Democratic Alliance had established a prima facie clear right, as "the Speaker’s subtraction of votes was prima facie unlawful."
In a statement issued on Saturday, August 1, Tshwane Executive Mayor Nasiphi Moya of ActionSA indicated that the City would respect the court’s decision. "I acknowledge the Court’s order and respect the role of the judiciary in resolving disputes of this nature. I will comply fully with the order insofar as it directs relief against me," Moya affirmed. ActionSA had resolved to vote against Mr. Mettler’s suspension, despite the differing positions of its coalition partners, the ANC and EFF.
Mayor Moya emphasized that the judgment addressed only the interim application and did not pertain to the disciplinary process against Mr. Mettler. "The judgment relates only to the application for interim relief and focuses primarily on the proceedings of the municipal council and decisions taken within the legislative arm of the municipality," she said, adding that "Each respondent is entitled to consider the judgment carefully and determine the appropriate course in relation to their respective role." Moya confirmed that the disciplinary process against Mr. Mettler would continue. "The interim order does not bring the underlying statutory process to an end. The regulations require allegations of misconduct to be investigated, and that process will continue in accordance with the law and in the interests of accountability." She concluded by stating, "In the meantime, the work of the City continues. My priority remains to provide leadership to the administration, ensure the continued delivery of services, and honour the commitments we have made to the residents of Tshwane."
Democratic Alliance mayoral candidate Cilliers Brink described the judgment as a victory for Tshwane residents. Brink asserted, "By setting aside the unlawful decisions of the ANC-EFF-ActionSA coalition to suspend Tshwane City Manager Johann Mettler, the court has reaffirmed that political majorities cannot ignore the law, manipulate council processes or use municipal institutions to protect politically connected individuals." Brink also claimed that the aim of the suspension "was to install an acting city manager at the start of the municipal financial year, gain control over the City’s budget and open the door to looting."
