The Democratic Alliance (DA) has approached the Gauteng High Court to set aside the sanction imposed on Tshwane Deputy Mayor and Finance MMC Eugene Modise, arguing that the penalty handed down for breaching the councillors’ code of conduct is irrational and fails to reflect the seriousness of his misconduct.
Announcing the court application on Friday, the DA’s Tshwane mayoral candidate Cilliers Brink said the party believes the Tshwane council was misled into believing it had limited options when deciding on an appropriate sanction.
“The Democratic Alliance announces that we have filed papers in the Gauteng High Court to set aside the punishment which was meted against Modise by the municipal council,” Brink said.
The application follows findings that Modise breached the councillors’ code of conduct after allegedly failing to disclose his financial interest in Triotic Protection Services, a company doing business with the City of Tshwane.
Modise, who also serves as ANC regional chairperson in Tshwane, has maintained that he sold his interest in the company before becoming a councillor.
However, Brink said forensic investigators found no evidence supporting that claim.
“He told forensic investigators that he had sold his shares through an instalment sale agreement, but he couldn’t provide a shred of evidence that such a contract existed,” Brink said.
Brink argued that even if such an agreement existed, Modise would still have retained a financial interest in the company until the purchase price had been fully paid.
According to Brink, the City Speaker incorrectly advised council that only three sanctions were available: a warning, a reprimand or a fine.
He said the Speaker failed to inform councillors that they could also recommend to the MEC for Local Government that Modise be suspended or removed from office.
“The speaker protected Modise from the most serious sanction that could be levied,” Brink alleged.
The DA further argued that docking Modise two months’ salary amounting to about R200 000 was disproportionate when compared with the financial benefit allegedly derived from the security contract.
“In the meantime, Modise’s company benefits at least R3 million a month. Compare that to the R200 000 he will forfeit,” Brink said.
“If the penalty of two months’ pay stands, anybody in Modise’s position can simply decide, ‘I’ll pay the small fine and continue making the big bucks at taxpayers’ expense.’”
Brink said the party will ask the court to remit the matter back to council so that an appropriate sanction can be considered.
“Our argument would be that the most serious penalty must be applied to protect the interests of taxpayers and to set a standard for people who hold public office,” he said.
“You can either be a tenderpreneur or somebody who does business with government, or you can be a deputy mayor and finance MMC, but you cannot be both.”
The controversy centres on a R2.9 billion municipal security tender awarded in 2022 to 22 companies providing security services for municipal assets. The tender has previously been flagged as irregular.
Triotic Protection Services, one of the companies awarded work under the tender, has been linked to Modise. The same network of companies has also come under scrutiny before the Madlanga Commission.
Brink also criticised Tshwane Executive Mayor Nasiphi Moya for retaining Modise as Finance MMC despite the findings against him.
“The fact that she hasn’t removed Modise from his position is a failure of leadership on her part,” he said.
Brink added that the DA’s criminal complaint against Modise remains active, although he acknowledged that criminal investigations often move slowly.