A special council in Tshwane granted embattled CFO Gareth Mnisi an extension to explain why he shouldn’t be suspended despite his demand for the suspension notice to be immediately withdrawn.
The Sunday Times has learnt that Mnisi, through his lawyers, raised objections to the fact that a notice of the intention to suspend him contained no details of any wrongdoing allegedly committed by him.
Mnisi had been given seven days to motivate why the council should not place him on suspension after allegations of possible tender irregularities emerged against him at the Madlanga commission.
It emerged last month that witness Sgt Fannie Nkosi, who was testifying at the commission, had allegedly exchanged tender information with Mnisi, apparently to influence the bidding processes.
Evidence suggested that Mnisi may have played a role in the alleged unlawful awarding of security tenders to contractors linked to cartels in Tshwane.
Mnisi’s lawyers, in their response to Tshwane’s notice to suspend him, said it contained “no detail and/or factors” council took into account before deciding on instituting processes to suspend him, and this was therefore “unlawful”.
Mnisi demanded the withdrawal of the notice to suspend him and asked that the decision to withdraw be sent to his lawyers.
Tshwane has now afforded Mnisi a further seven days to make representations and stated that the alleged wrongdoing was suspected tender manipulation.
The Sunday Times has also reliably learnt that Mnisi raised issues with what he termed “the purported notice” to suspend him for not complying with regulations.
Mnisi had initially requested special leave to attend to the allegations, but city manager Johann Mettler referred his leave request to council as he was directly appointed by council.
Council opted to start proceedings to place him on suspension and resolved to serve him with a notice of suspension on March 26, giving him a week to make representations.
The Sunday Times has learnt that Tshwane, through its lawyers, told Mnisi last week that the allegations were still under investigation and that they posed reputational damage to the metro.
Tshwane refused to withdraw the notice to suspend Mnisi and awaited his representations by Friday, April 11.
A council meeting held in camera on Tuesday could therefore not decide on suspending Mnisi and he requested an extension, which was granted.
The council is now expected to sit again next week and decide Mnisi’s fate.
With two of Tshwane’s biggest parties, the ANC and DA, all calling for Mnisi’s suspension, the writing was seemingly already on the wall.
Mnisi could not be reached for comment on Wednesday.
However, he has previously denied any impropriety following Nkosi’s appearance at the Madlanga commission of inquiry.
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