The DA in Tshwane has threatened to take legal action against Mayor Nasiphi Moya for withholding information on ex-gratia payments made to senior officials following a violent strike during the 2019/2020 financial year.
This comes after Moya declined to respond to questions posed by DA caucus leader Cilliers Brink during Tuesday’s council sitting at Tshwane House, where he wanted to know about the total amount paid to senior officials at the time.
In response to questions, Moya said she would need to consult with the city’s legal team before providing answers.
In a media statement, the party said it would file an application under the Promotion of Access to Information Act to compel Moya to disclose details of ex-gratia payments if she continues to withhold information.
The payments in question were made during former mayor Stevens Mokgalapa’s tenure when Moya was chief of staff.
One of Brink’s written questions read: “How many officials of the City of Tshwane appointed at the level of Section 56 managers, group heads, and division heads, if any, were overpaid in salaries and benefits, including lump-sum payments, as against their employment contracts and applicable collective agreements in the 2019/20 financial year?”
He also sought to determine the number of officials who had entered into formal repayment agreements with the city to reimburse the excess amounts paid to them, as well as the total amount of overpayment made.
Brink said a written notice of 15 working days was given to Moya, as per council rules, regarding the overpayment of historical salaries to senior officials.
“The rules and orders of Tshwane’s municipal council are clear. If a councillor directs questions to the mayor on notice, those questions must be answered. Questions to the mayor are an essential accountability mechanism,” he said.
According to Brink, the mayor stated that she must first obtain a legal opinion before deciding whether or not she must respond to the inquiry.
“The mayor talks a big game about holding officials to account, but she fails the test of credibility when she is called to account. If the mayor fails to answer the question, the DA will bring an application in terms of the Promotion of Access to Information Act,” he said.