Tshwane parties slam ‘slap on the wrist’ sanction against deputy mayor
· Citizen
Political parties in Tshwane are angered by what they believe is a “slap on the wrist” for deputy mayor Eugene Modise after he was found guilty of not declaring interests in a company which was awarded a municipal contract.
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Modise, who is from ActionSA, was docked two months’ pay for the contravention of the code of conduct for councillors.
FF Plus questions legality of sanction
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.
Matter escalated to MEC
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 the Madlanga Commission of Inquiry appears to be building toward,” he added.
Concerns about public trust
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.
Organisation Undoing Tax Abuse CEO Wayne Duvenhage said, if indeed, there was an internal process in the City of Tshwane that found Modise guilty of a transgression that implicated him in any financial benefits from contracts with the city, then his fine of two months’ salary would be a grossly light sanction.
“If he is in any way linked to a company benefiting from contracts with the city to the extent claimed in the DA’s statement, or even to a far lesser extent, then he should be dismissed,” he said.
Duvenhage said this kind of conduct must be seen as a direct conflict of interest and unethical for a person in that position, or any position in the municipality or metro, for that matter. “The mayor of the city cannot condone such conduct in any way, shape, or form,” he added.
DA says coalition protected deputy mayor
DA Tshwane finance spokesperson Jacqui Uys said they were deeply concerned with the wholly inadequate, slap on the wrist sanction.
“In November 2024, the DA first raised that Modise was possibly financially benefiting from the city through a company called Triotic Protection Services.
“In February 2025, we publicly called on the mayor to investigate Modise’s potential benefit. Public representatives are expressly prohibited from benefiting financially from contracts with the municipality in which they serve,” she added.
Uys said the DA advocated for Modise’s removal as councillor, yet the ANC coalition protected him.