By Akani Nkuna
The DA in Tshwane has approached the Gauteng High Court in Pretoria to set aside the sanction imposed on ANC deputy mayor and finance MMC Eugene Modise, saying that docking two months’ salary over undeclared business interests is too lenient.
Speaking to the media outside court on Tuesday, former Tshwane mayor and DA mayoral candidate Cilliers Brink said the penalty amounted to a slap on the wrist and would weaken accountability in the municipality if allowed to stand.
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“We believe that the Speaker misdirected the council [and] misinformed the council of the penalties available against Modise. But further than that, we believe that R200,000 — the docking of two months’ pay — is irrational in light of the fact that Modise’s company continues to benefit to the tune of R3 million per month,” he said.
The matter follows a forensic investigation commissioned by the municipality, which found that Modise violated the code of conduct for councillors by failing to declare interests linked to Triotic Protection Services, a security company that secured a multimillion-rand contract with the city.
Modise has denied wrongdoing, saying he had disposed of his interest in the company before becoming a councillor in 2023. However, the investigation found that he had failed to produce a sale agreement to support that claim.
The DA has also raised questions about Triotic’s registered address, saying it was linked to a property owned by Nelly Modise, his mother.
The sanction angered opposition parties, particularly the DA, after the council resolved in a closed-door meeting to dock Modise two months’ salary.
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Brink said the DA wanted the court to compel the municipal council to reconsider the penalty and impose a sanction that reflected the seriousness of the breach.
“The most serious penalty must be applied, to set an example, protect the interests of taxpayers in Tshwane but also set a standard of conduct of people who hold public office,” said Brink.
He said the case should draw a clear ethical line between public office and private companies doing business with the state.
Brink also accused ActionSA mayor Nasiphi Moya of failing to act against Modise, saying the finance MMC served at the discretion of the mayor and could be removed from the mayoral committee.
He said Moya was not a “serious person when it comes to acting against irregularity and corruption”.
“[T]he fact that she has not removed Modise from his position is a failure of leadership on her part, and she certainly cannot expect us to take her seriously as somebody who leads a clean and effective administration in those circumstances,” Brink said.
