In an attempt to stop a preliminary report on GladAfrica, the company accused of milking the city of Tshwane through an irregular tender, being distributed in the city of Tshwane council chambers, city manager Dr Moeketsi Mosola has reportedly approached the court.
News24 reports that Mosola filed an urgent application with the labour court on Tuesday night and that the Tshwane city manager wants the matter to be heard in court on Thursday when the preliminary report was expected to be distributed to city of Tshwane councillors.
The engineering consultancy GladAfrica recently made headlines for allegedly receiving a multibillion-rand contract, reportedly R12 billion, from Mosola despite alleged legal opinion advising the deal was unlawful.
GladAfrica has allegedly already scored R250 million of the city’s money.
Since the news of the alleged irregularity broke in August, the Tshwane’s council issued Mosola with a notice of intention to suspend him.
But during an urgent council sitting early last month to debate Mosola’s suspension, council decided to allow the city manager to remain in his position, despite investigations into the contract.
Mosola would be suspended should he interfere with the probe.
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In court papers, Mosola is reportedly seeking the court to oblige respondents, which include city of Tshwane mayor Solly Msimanga, to instigate the probe into the alleged irregularities in the GladAfrica tender under the provisions of the Municipal Finance Management Act.
Mosola reportedly also asked that the respondents foot the bill for his urgent court application.
He was quoted as saying in his affidavit that, should the court fail to grant him the relief he seeks, he stands “to suffer irreparable harm”. He also apparently added that, should the probe find no wrongdoing on his part, the mayor of the city would most likely not accept its findings.
Msimanga issued a statement on Wednesday on Mosola filing for an urgent interdict.
“This is at odds with the public statements he made on 15 August 2018 when he stated categorically that ‘it is, therefore, my conclusion that the process that was followed in appointing Ariya Project Manager (GladAfrica) was in compliance with the legislative prescripts governing the city of Tshwane’s supply chain management as well as the Municipal Finance Management Act’.”
Msimanga added that if the tender had been honest and fair then it is puzzling that Mosola was seeking to interdict the report a day before council deliberates on it, “particularly after committing to ‘submit all the necessary documentation surrounding this contract for public scrutiny’”.
The city mayor said he would oppose Mosola’s interdict and that the city’s legal team will deliberate on the course of action to be taken going forward.
Economic Freedom Fighters (EFF) Gauteng chairperson Mandisa Mashego said the party, including its caucus in the Tshwane council, would not comment on Mosola’s interdict seeking to prevent the preliminary report in the alleged irregularities of the GladAfrica tender being served at tomorrow’s council meeting.
Mashego said they would not comment because it is between Mosola and his employer which is the DA-led coalition which the EFF is not a part of.
The EFF provincial chair said the party only takes part in council matters to fight for the demands of its constituencies.
Mashego added that Masola has the right to challenge the DA-led coalition and that his rights must be respected and that whatever issues transpiring between the city manager and the DA-led coalition should be sorted out by the two parties.
The ANC in Tshwane had not responded to a request for comment on the matter.
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