Address by DA Tshwane Mayoral Candidate, Alderman Cilliers Brink, in front of the Gauteng North High Court today
Address by DA Tshwane Mayoral Candidate, Alderman Cilliers Brink, in front of the Gauteng North High Court today photos supplied
By Alderman Cilliers Brink
DA Tshwane Mayoral Candidate
In 2024 the DA-led mayoral committee in Tshwane commissioned a review of the city’s security model with its heavy reliance on ineffective yet expensive stationary guards, so-called ‘watchmen services’.
We wanted to scale down the city’s reliance on watchman services in favour of using crime-fighting technology combined with mobile armed response.
After the takeover of Tshwane by an ANC-led coalition, the review of the city’s security model was abandoned.
As a result, the contracts of the old watchman-style security companies were extended several times. Those contracts remain in place today.
What was only disclosed months after the ANC-takeover was that a councillor on the new mayoral committee had a financial interest in one of the old watchman-style security companies that did business with the municipality.
That councillor was not only the deputy mayor, but also the member of the mayoral committee responsible for finance.
Eugene Modise also happens to be the ANC regional chair in Tshwane.
After Modise became a councillor in Tshwane in 2023, he failed to disclose his financial benefit from a contract between Triotic Protection Services and the Tshwane Metro.
In 2025 the DA asked for an investigation into Modise’s relationship with Triotic. Following a forensic investigation, which Mayor Nasiphi Moya withheld from the municipal council for months, Modise was found guilty of a breach of the Councillor’s Code of Conduct.
This Code holds that councillors must declare his or her shareholding and other financial interests in companies.
They are also prohibited from benefitting from agreements with the municipality.
Modise told forensic investigators that he sold his shares in Triotic to an employee by way of an instalment sales agreement.
But he could not furnish them with any documentary proof of such an agreement.
Even on his Modise’s own unlikely version of events, the employee who has supposedly bought Triotic from Modise pays him for the shares in monthly instalments.
Until the last of that money is paid, Modise has a continuing financial interest in Triotic. He also leases property to Triotic.
After Modise was found guilty of breaching the Councillor’s Code of Conduct, the speaker told the municipal council that the only penalties available against Modise were a warning, a reprimand, or a fine.
In doing so, the speaker misdirected the council.
The council can in fact recommend to the MEC for local government that a councillor should be suspended or removed from office.
In effect, the speaker prematurely ruled out the most serious sanctions that the council could impose on Modise for his breach of the Code of Conduct.
The DA did point this out to the speaker in the council meeting where the issue was considered.
But our submission was voted down by the ANC, EFF, ActionSA and other parties in the coalition.
These parties then voted in favour of a proposal by the ANC deputy chief whip that Modise be fined two months’ pay.
As held by the forensic investigation, Modise’s conduct in concealing his financial interests in and links to Triotic is a material breach of the Councillors Code of Conduct.
In other words, Modise didn’t simply make a ‘technical’ mistake.
What is more, Modise has an important fiduciary role as finance MMC.
As policymaker he had an obligation to tell the council, the public and the mayoral committee of his proprietary interests in the city’s old-style watchman security model.
The DA will not accept the slap-on-the-wrist given to Modise.
And so, today we announce that we have filed papers in the Gauteng High Court to set aside the penalty imposed by the Tshwane council on Modise.
On top of the unlawful conduct of the speaker in protecting Modise against the possibility of suspension and removal as a councillor, we believe that the penalty imposed by the council is irrational and undermines constitutional accountability.
We are asking the Court to remit the issue to the Tshwane council for a proper decision.
If our application is successful, we will argue for Modise to get a penalty commensurate with his breach of the Code of Conduct.
Our point is simple: if Modise is left to continue benefitting from a municipal contract in breach of the law, while only paying a comparatively small fine, then other tenderpreneur politicians will be encouraged to do the same at taxpayers’ expense.
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