ActionSA has expressed confidence in Tshwane mayor Nasiphi Moya after the South African Local Government Bargaining Council ordered that the five officials suspended for the Rooiwal Waste Water Works tender return to work and be compensated R2 million.
The bargaining council ordered that the officials suspended with full pay in April 2023 when Cilliers Brink was executive mayor be compensated two months’ salary for the unfair suspension and that they return to work on 20 January.
TSHWANE ORDERED TO COMPENSATE ROOIWAL TENDER IMPLICATED OFFICIALS
The South African previously reported that in 2019, tenderpreneur and generous African National Congress (ANC) donor Edwin Sodi secured a R295 million tender in a joint venture with CMS Water Engineering to upgrade the Rooiwal Wastewater Treatment plant. However, the contract was terminated following a forensic report indicating only 60% completion by 2022.
In April 2023, the metro municipality announced that it had suspended the five officials after a year long internal disciplinary process which found the officials guilty on one of the four charges they faced.
The metro municipality said it strongly disagrees with the outcome of the disciplinary process and will appeal the entire outcome at the Labour Court.
The officials were found not guilty on three charges but were found guilty one one charge and the sanction was suspension for one month without pay.
“The City is of the view that their continued presence at the workplace, will be detrimental to the stability of the municipality,” the municipality said at the time.
Meanwhile, City of Tshwane spokesperson Selby Bokaba said they are still studying the arbitration award and its implications.
“Last year, the City filed an application with the Labour Court for a review of the findings and sanction pronounced by the chairperson of the disciplinary hearing. The matter is still pending before court and the City has petitioned the court to expedite the review application.
“In view of the above, the City will not comment any further on this matter as it relates to HR processes and is sub judice,” Bokaba said.
ACTIONSA BACKS TSHWANE MAYOR
Following the ruling, ActionSA national chairperson Michael Beaumont said it is apparent that the local bargaining council took issue with the fact, from a procedural point of view, that the officials were not suspended during the investigation (when it is legally permissible to suspend) but only after the disciplinary hearing when the City of Tshwane appealed the outcome of the disciplinary hearing.
“In other words, the failure of the Brink government to suspend the officials during the investigation was the basis of the finding against the City,” Beaumont said.
Beaumont also said it is ironic that the DA has opportunistically politicked on this very issue when they are the party leading government for both the time in which the tender was awarded to Edwin Sodi as well as the time period in which the process to suspend the officials was evidently mismanaged.
“ActionSA is comforted by the knowledge that the process to study of the options available to the City will be guided by the fact that this tender was unlawful, resulted in the delay of the project to address the water crisis in Hammanskraal and cost the City and its residents dearly.”
SIU EXPECTS TO COMPLETE ITS PROBE IN 2025
Meanwhile, the Special Investigating Unit (SIU) has confirmed that it has completed its first phase of its investigation into the Rooiwal Waste Water Works tender and that the matter has been referred to the National Prosecuting Authority (NPA).
In September 2023, the (SIU) announced that it will probe allegations of maladministration and corruption related to the R295 million tender to refurbish and upgrade the Rooiwal Waste Works.
