Tshwane municipality 'irregularly' paid for City Manager's legal fees in GladAfrica report dispute

The City of Tshwane picked up the tab for its embattled municipal manager Moeketsi Mosola's legal fees when he wanted to interdict the release of a report showing irregularities in the awarding of the GladAfrica tender, News24 can reveal.

The case is central to the fight over whether Mosola should keep his job. His detractors have tried to have him suspended because of his role in signing off the Glad Africa project management tender, which was found by the Auditor-General to be irregular. Only the city council can suspend the City Manager, and so the tabling of the Bowman's report in Council was important for those who wanted to remove him.

Kock responded saying that, as Chief Legal Counsel at the municipality, she had decided to grant Mosola legal assistance in terms of Section 109a of the Municipal Systems Act. That section says that a municipality may provide assistance to an employee if action has been taken against them over something that occurred during the course of their duties. Legal assistance can also be provided to an employee if they are summoned to an inquest or inquiry stemming from the performance of their duties.

He wrote:"Disciplinary matters do not fall under the proceedings as envisaged by Section 109a. It would in fact lead to an absurdity if every employee against whom disciplinary investigations and procedures are instituted is entitled to City legal aid/assistance/representation." It is not clear how much of this pertains to Mosola's own legal costs. As is the case with most municipalities, Tshwane is involved in several other legal disputes, including one over the controversial Peu Smart Meter systems – a dispute which began in the previous administration but was only resolved in court late last year.

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