VF PLUS OPEN LETTER TO MEC MAMABOLO TO DECLARE COUNCIL RESOLUTION ON MODISE ILLEGAL

Grandi Theunissen FF Plus leader in Tshwane

To: MEC for Local Government – Gauteng 7
th Floor 94 Cnr. Main & Harrison Streets
Marshalltown

Subject: Request for Investigation and Action Against Deputy Mayor Cllr. Eugene Modise and Declaration of Council Resolution as Illegal

Dear MEC: Mamabolo

The Freedom Front Plus Tshwane Caucus hereby formally requests your urgent intervention regarding the matter of
Deputy Mayor and MMC for Finance, Cllr. Eugene Modise.

The ANC, ActionSA and EFF coalition in Tshwane have already acknowledged Modise’s guilt by imposing a fine of two months’ salary after it was found that he financially benefitted from a municipal security contract through his
company, Triotic Protection Services.

However, the VF Plus is of the opinion that this punitive action does not meet the requirements of municipal legislation.

The following statutory provisions are directly applicable:

 Municipal Structures Act, 1998 (Sections 27–28): A councillor must vacate office if disqualified under applicable law or found guilty of misconduct.

The MEC has the authority to enforce such removal.

 Municipal Systems Act, 2000 (Section 57A): Political office bearers are prohibited from holding interests in
municipal contracts.

Contravention constitutes misconduct and grounds for dismissal.

 Municipal Finance Management Act, 2003 (Sections 117–118): Councillors may not influence procurement or benefit from municipal contracts.

Contravention is an offence requiring removal.

 MFMA Section 32: Councillors can be held personally liable for unauthorised, irregular or fruitless decisions.

These statutes confirm that dismissal is the prescribed sanction when a councillor benefits financially from municipal contracts.

A fine is not legally sufficient and undermines the integrity of municipal governance.

The VF Plus therefore requests that your office:

1. Investigate the matter and enforce the immediate dismissal of Cllr. Modise in terms of the Municipal Structures Act, Systems Act and MFMA.

2. Declare the council resolution that imposed a fine as illegal, as it contradicts statutory provisions.

3. Investigate and hold accountable councillors who voted in favour of the fine, as they may themselves face scrutiny under MFMA Section 32 for authorising an unlawful resolution.

4. Impose the necessary remedial action against those councillors to ensure compliance with legislation and restore public trust.

Groter Pretoriastreek

The VF Plus has formally recorded its dissenting vote against the resolution and will continue to demand full compliance with legislation, referral to law enforcement agencies, and the restoration of integrity in Tshwane’s governance.

We trust that your office will act decisively in this matter and await your urgent response in this regard.

Yours faithfully,

Alderman Grandi Theunissen

Caucus Leader VF Plus – Tshwane Metro