The SA Local Government Bargaining Council has ordered the City of Tshwane to reinstate five senior employees who were suspended over misconduct allegations related to an irregular R295 million tender for the Rooiwal Waste Water Treatment Plant upgrade.

The tender in question was awarded to Blackhead Consulting, which is linked to controversial businessman Edwin Sodi for Phase 1 construction of the Rooiwal upgrade, awarded in October 2019.

In August 2023, the city terminated the contract following significant problems and delays with the quality of the work on the site due to continuous stalling.

The senior employees implicated in awarding the tender were placed on suspension with full pay in April last year.

The bargaining council’s arbitration award directed that the employees be reinstated and return to work on January 20, 2025.

They are the Group Head of the Water and Sanitation Department Stevens Notoane, Director of electrification Justice Sekokotla, Divisional Head of Water and Sanitation Dumisani Gubuza, Divisional Head of electricity planning and development Frans Manganyi, and Divisional Head of supply chain management Thembeka Mphefu.

They challenged their suspension on the basis that it was unfair and the bargaining council ruled in their favour.

At the core of their argument was the assertion that their suspensions lacked merit, emphasising that the disciplinary proceedings had already concluded, thereby eliminating any potential risk of interference with ongoing investigations.

In addition to their reinstatement, the bargaining council’s arbitration award has directed that the senior employees receive compensation equivalent to two months’ salary.

Municipal spokesperson, Selby Bokaba, said the city is still studying the arbitration award and its implications.

He announced that the city plans to engage a senior legal counsel for guidance on how to proceed with the matter at hand.

He said: “Last year, the city filed an application with the Labour Court for a review of the findings and sanction pronounced by the chairperson of the disciplinary hearing. The matter is still pending before court and the city has petitioned the court to expedite the review application. In view of the above, the city will not comment any further on this matter as it relates to Human Resource processes and is sub judice.”

Last year, President Cyril Ramaphosa authorised the Special Investigating Unit (SIU) to probe the failed Rooiwal plant upgrade tender.

It is believed the ongoing investigation will unveil the depths of corruption and political patronage networks in Tshwane.

DA Tshwane caucus leader, Cilliers Brink, said a company linked to Sodi should have been disqualified from bidding due to its questionable background.

He said a forensic report commissioned by the city recommended disciplinary action against the five officials who served on the bid evaluation committee.

Brink said: “In March last year, Tshwane city manager Johann Mettler decided to suspend the five pending a Labour Court application to have them fired. This followed a protracted disciplinary process which recommended that the officials be given a slap on the wrist.”

The upgrade project was needed to improve the capacity of the Rooiwal plant to process a large amount of wastewater coming into the plant, affecting Hammanskraal residents who have for years been forced to consume dirty water.

Brink said: “The project to solve the Hammanskraal water crisis must also include accountability for decision-makers who knowingly did harm to the city and residents.”

The DA has formally requested that Mettler take the bargaining council’s decision to uplift the employees’ suspension on a legal review.

rapula.moatshe@inl.co.za