By Johnathan Paoli
The City of Tshwane (CoT) and its municipal manager, Johann Mettler, have been found guilty of contempt of court following an 18-year delay in complying with court orders compelling the city to transfer a parcel of properties to the Pretoria Educational Centre (PEC).
The Pretoria High Court has imposed a suspended fine of R500 000 on Mettler, giving the city 15 calendar days to comply fully with the transfer or risk having the penalty enforced.
Acting Judge Romeo Nthambeleni ruled in PEC’s favour last week, emphasising the city’s repeated non-compliance.
“The city has confirmed that the whole transfer process has now been completely immobilised,” said Nthambeleni, referring to a letter from the city’s attorneys stating that due to a late-filed leave to appeal application in May 2025, no further steps would be taken.
The ruling stems from a legal battle that began in 2006, when the city entered into a sale agreement with the PEC.
The PEC had entered into an interim lease with the city on 7 July 2006, with the expectation that a full transfer of the properties would follow.
However, the city later reneged on the agreement, claiming the land was earmarked for social housing.
Despite a High Court order granted in PEC’s favour in August 2007, and another in January 2025 by Judge Thembile Joyini instructing the city to sign all necessary documentation for transfer, the CoT failed to act.
Joyini’s order even authorised the Sheriff of the High Court to sign the documents on behalf of the city should it refuse to do so.
After years of inaction and delays, including a failed rescission application by the city in May 2024—dismissed by the court as “bureaucratic dithering”—PEC returned to court seeking an urgent declaration of contempt.
Nthambeleni reaffirmed that judicial authority, as defined in Section 165 of the Constitution, binds all persons and organs of state.
He dismissed arguments that the city’s refusal to comply was based on senior legal advice that the judgment was flawed.
“There can never be any opinion of senior counsel that justifies non-compliance with any court orders in South Africa or any jurisdiction governed under the rule of law. To justify such conduct would amount to anarchy,” he said.
The city has been ordered to pay the costs of PEC’s application.
The ruling has reignited political tensions in Tshwane, with the African National Congress (ANC) in the region calling for Mettler’s removal.
The ANC alleges his 2022 appointment as municipal manager was unlawful, citing several alleged irregularities in the process.
According to ANC regional coordinator George Matjila, Mettler failed to meet the advertised experience requirements at the time of his shortlisting, falling one year short of the 12 years required, including five years at a senior management level.
“He should have been eliminated at the shortlisting stage,” Matjila said.
Further, the ANC claims the selection panel included four councillors, violating the Municipal Systems Act, which permits a maximum of two.
Matjila also stated that Mettler failed to obtain mandatory financial management competencies within 18 months, which should have rendered his employment contract void in March 2024.
The ANC plans to force a special council sitting to debate and vote on reversing Mettler’s appointment and will seek a court order declaring the appointment invalid.
Mayoral spokesperson Samkelo Mgobozi confirmed that Mayor Nasiphi Moya has responded to the Gauteng MEC for Co-operative Governance and Traditional Affairs regarding the legality of senior manager appointments.
Meanwhile, the Democratic Alliance (DA) and Freedom Front Plus (FF Plus) have defended Mettler, calling the ANC’s claims politically motivated.
DA Tshwane caucus leader Cilliers Brink said the ANC’s goal was to remove a competent, independent official and replace him with a “deployed cadre.”
Brink stated that Mettler had served in key municipal roles in Drakenstein and Nelson Mandela Bay, led an ANC intervention team in 2015, and holds all legislated competencies under the MFMA.
“The ANC wants to destabilise the metro and install loyalists,” he said.
The DA accused the ANC of exploiting legal technicalities and vowed to oppose any move to remove Mettler.
Brink added that neither the MEC nor National Treasury raised concerns at the time of Mettler’s appointment.
“The mayor must now make her position clear on whether she stands with her coalition partners or the ANC,” Brink concluded.
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