Tshwane parties slam ‘slap on the wrist’ sanction against deputy mayor

Tshwane deputy mayor Eugene Modise. Picture: Gallo Images Political parties in Tshwane are angered by what they believe is a “slap on the wrist” for deputy mayorEugene Modiseafter he was found guilty of not declaring interests in a company which was awarded a municipal contract. Modise, who is from ActionSA, was docked two months’ pay for the contravention of the code of conduct for councillors.

Freedom Front Plus (FF Plus)Tshwane caucus leader Grandi Theunissen said: “A fine is not legally sufficient. The FF Plus is of the opinion that this punitive action does not meet the legal requirements of the Municipal Structures Act (S27-28), the Municipal Systems Act (S57A), and the Municipal Finance Management Act (S117-118),” he said. Theunissen said these statutes confirm that dismissal is the prescribed sanction.

“We voted against the council resolution and formally recorded our dissenting vote. Furthermore, the legislation confirms that dismissal is the prescribed sanction and councillors who voted for a fine may themselves face scrutiny under the Municipal Finance Management Act (MFMA) Section 32, which holds councillors personally liable for unauthorised, irregular or fruitless decisions. “It must therefore be investigated whether those members can be held accountable for authorising an unlawful resolution that contradicts statutory provisions,” he added.

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Theunissen said the FF Plus has escalated the matter to the MEC for immediate dismissal in terms of municipal legislation. Political analyst Piet Croucamp said that if the internal misconduct process was essentially exhausted and has produced an inadequate result, the viable prosecution path runs through Prevention and Combating of Corrupt Activities Act Section 10 (corrupt activities by a public officer) and MFMA Section 117 (contracting with the municipality), with a secondary money laundering layer if the financial flows can be traced. “The Hawks case already opened is the correct vehicle.

The evidentiary weight will rest on demonstrating that Modise exercised influence over the contract, directly or indirectly, which theMadlanga Commission of Inquiryappears to be building toward,” he added. Political analyst Dr René Oosthuizen said what is most concerning is the message this sanction sends. “It clearly signals that misconduct can be managed rather than decisively addressed. I contend that this not only entrenches public distrust, specifically in local government, but also risks institutionalising a culture where corruption is tolerated, provided it is politically convenient,” she said.

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