City of Tshwane approaches court to bar Rooiwal managers from returning to work

The City of Tshwane has filed papers with the labour court to block the five managers linked to the Rooiwal Water Treatment plant scandal from returning to work.

The metro has asked the court to review and set aside the South African Local Government Bargaining Council's (SALGBC) arbitration award in favour of the employees. The SALGBC ruled last month that the suspension of the five employees should be lifted because it amounted to unfair labour practice as the period of suspension exceeded the period stipulated in the collective agreement.

They are supposed to return to work on Monday. 

The officials are Thembeka Mphefu, the divisional head of supply chain management; Frans Manganye, the divisional head of electricity planning and development; Stephens Notoane, the group head of utility services; Justice Sekokotla, the director of the electricity department; and Dumisani Gubuza, the divisional head of water and sanitation.

The group is accused of flouting legal processes in the awarding of the Rooiwal tender to companies linked to controversial businessman Edwin Sodi.

City spokesperson Lindela Mashigo said the city believes the arbitration ruling and proceedings were flawed. 

“After giving time and attention to the arbitration award and its implications, the city is of the view that there were defects in the proceedings and the ruling.

After giving time and attention to the arbitration award and its implications, the city is of the view that there were defects in the proceedings and the ruling.City spokesperson Lindela Mashigo

“The city is obligated to challenge the ruling and has enlisted the services of a firm of attorneys to act on its behalf in the handling of this legal matter,” said Mashigo. 

He said the notice of application lodged freezes the legal effect of the SALGBC award. 

“Last year, the city filed an application with the labour court for a review of the findings and a sanction pronounced by the chairperson of the disciplinary hearing,” said Mashigo. 

The contract was awarded to CMS, NJR and Blackhead JV — who only completed 60% of the work before the contract was terminated for poor performance in 2022, while the three companies pocketed R292m.

According to the investigation, the employees all scored Sodi’s consortium 80 points for the tender, despite the company not fitting the grade, placing it above other bidders.

Rooiwal plant was meant to provide drinkable water to the community of Hammanskraal. However, due to it not being completed, Hammanskraal was hit with a huge bout of Cholera in 2023 resulting in the deaths of more than 20 people. 

The five senior officials were initially suspended after an internal disciplinary process that found them guilty of misconduct. 

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