Tshwane challenges decision ordering Rooiwal officials back to work

The City of Tshwane is challenging an arbitration award that ordered the reinstatement of five senior officials implicated in the controversial Rooiwal Waste Water Treatment Works tender.

The five senior officials were placed on precautionary suspension last year amid accusations of flouting processes to award the Rooiwal tender to companies linked to controversial businessman Edwin Sodi.

Back to work

The officials were charged with gross negligence and/or derelict performance of their duties, which subsequently breached various legislation, policies, and codes of conduct.

However, the South African Local Government Bargaining Council’s (SALGBC) arbitration award ordered the five senior employees to return to work by Monday.

ALSO READ: Rooiwal tender award: Tshwane officials absolved in Edwin Sodi’s company progression

Legal challenge

City of Tshwane spokesperson Lindela Mashigo said they had noted the decision.  

“After giving time and attention to the arbitration award and its implications, the city is of the view that there were defects in the proceedings and the ruling.

“The City is obligated to challenge the ruling and has enlisted the services of a firm of attorneys to act on its behalf in the handling of this legal matter.

“The lodging of the notice of application against the SALGBC award freezes the legal effect the ruling has in its entirety,” Mashigo said.

Review of findings

Last year, the city filed an application with the Labour Court for a review of the findings and a sanction pronounced by the chairperson of the disciplinary hearing.

“The matter is still pending before the court and the city has petitioned the court to expedite the review application. As a result, the city will not comment any further on this, Mashigo said.

Phase 1A

Rooiwal made headlines last year after a cholera outbreak which killed 23 people at Hammanskraal, with controversial businessman Edwin Sodi’s R295-million tender contract to upgrade the plant’s infrastructure being scrutinised.

At the time, the Department of Water and Sanitation found “the failure of the Rooiwal Wastewater Treatment Works to meet the desirable final effluent quality for discharge to the Apies River, which in turn, flows into the Leeukraal Dam”, played a critical role in the Hammanskraal water crisis.

Last week, Tshwane Mayor Nasiphi Moya announced that the city had completed phase 1A  of the Rooiwal Wastewater Treatment Works which were started by previous contractors under Sodi’s company.

Moya said the upgrade was completed three months ahead of schedule.

ALSO READ: There’s a ‘high-level agreement’ to upgrade Rooiwal wastewater treatment plant