The City of Tshwane has announced plans to challenge the South African Local Government Bargaining Council (SALGBC) ruling to reinstate and compensate five officials implicated in the controversial Rooiwal tender. The officials were suspended in April 2023 under the leadership of former mayor Cilliers Brink following a year-long internal disciplinary process.
The SALGBC had ruled that the officials, suspended with full pay, be compensated two months’ salary for what it deemed an unfair suspension and return to work on January 20. However, Tshwane’s metro municipality firmly opposes the decision.
Background on the Rooiwal Tender
In 2019, businessman and ANC donor Edwin Sodi secured a R295 million tender in partnership with CMS Water Engineering to upgrade the Rooiwal Wastewater Treatment Plant. By 2022, only 60% of the work had been completed, leading to the contract’s termination after a forensic investigation.
In April 2023, the municipality suspended five officials after an internal disciplinary process found them guilty on one of four charges. The sanction imposed was a one-month suspension without pay. Despite this, the municipality argued that their continued presence in the workplace posed a threat to stability.
Tshwane’s Response to the Ruling
The municipality has declared its intention to appeal the arbitration award, stating that there were defects in the SALGBC proceedings.
“The City is obligated to challenge the ruling and has enlisted the services of a firm of attorneys to act on its behalf in this legal matter. The lodging of the notice of application against the SALGBC award freezes the legal effect the ruling has in its entirety,” said the City of Tshwane.
The municipality emphasized that it remains committed to ensuring stability and accountability within its operations.
Implications
The case highlights ongoing concerns about governance and accountability in South Africa’s public sector, particularly regarding high-profile tenders. Tshwane’s appeal reflects the municipality’s determination to address the impact of the Rooiwal tender scandal on its operations and reputation.
