RAPULA MOATSHE
The South African Municipal Workers Union (Samwu) in Gauteng has publicly backed five senior City of Tshwane officials who were suspended due to their alleged involvement in the irregular awarding of a R295 million tender.
The tender in question was awarded to Edwin Sodi's company, Blackhead Consulting, for the refurbishment of the Rooiwal wastewater treatment plant.
Despite not meeting the necessary requirements, the company was awarded the contract.
However, the City was forced to terminate the agreement due to delays with the quality of the work on the site, exacerbated by continuous stalling of the project.
The five implicated officials have been on paid suspension since April last year pending the finalisation of an investigation by the Special Investigating Unit (SIU), which recently announced it has concluded part of its probe into the Rooiwal plant tender.
The officials contested the City's decision at the South African Local Government Bargaining Council (SALGBC), arguing it was unfair, and the Council subsequently ruled in their favour in December 2024, ordering their reinstatement by January 20, 2025.
However, the City filed a notice of application with the Labour Court, seeking a review and overturning of the arbitration award issued by the bargaining council.
Municipal spokesperson Lindela Mashigo said the City's decision to lodge a notice of application against the bargaining council award effectively puts the ruling's legal implications on hold.
The implicated officials are group head of the Water and Sanitation Department, Stevens Notoane, director of electrification Justice Sekokotla, divisional head of Water and Sanitation Dumisani Gubuza, divisional head of electricity planning and development, Frans Manganyi and divisional head of supply chain management Thembeka Mphefu.
In its court challenge, the City cited ‘defects’ in the proceedings and the ruling and has hired a law firm to handle the matter.
Mashigo revealed that last year the City had taken legal action by filing an application with the Labour Court to review the findings and sanctions made by the chairperson of a disciplinary hearing against the officials. The case is currently pending, and the City has requested the court to expedite the review process.
Samwu general secretary Dumisane Magagula condemned the City’s decision to pursue a review of the bargaining council arbitration awards, saying it was “reckless”.
“This action is a clear and disgraceful affront to the country’s labour laws, collective agreements, and the fundamental principles of justice and fairness,” he said.
He dismissed the City's assertion that the proceedings and subsequent ruling at the bargaining council were flawed.
“The City’s baseless claims of ‘defects’ in the proceedings and the SALGBC ruling are nothing more than a calculated attempt to escape its legal obligations. This spurious excuse serves no other purpose than to delay justice, prolong unnecessary legal battles, and waste taxpayers' money,” he said.
The union urged the new administration not to follow in the footsteps of the former Tshwane Mayor, Cilliers Brink, who was accused of contesting and disregarding the bargaining council’s findings, rather than upholding the agreed-upon terms.
On Monday, Brink said the DA welcomes the decision by the City of Tshwane to go to court to keep the implicated officials suspended.
“We asked the city administration to take this decision, on review in the Labour Court, which they are now doing,” he said.
Magagula said the union remains resolute in its commitment to defend the integrity of collective bargaining and the fundamental rights of all municipal workers.
“We demand that the City of Tshwane honour its commitments, stop wasting public funds on frivolous legal battles, and uphold the principles of fairness, justice, and respect for workers,” he said.