The City of Matlosana Local Municipality council is facing internal divisions regarding a highly criticised disciplinary report by Advocate S. Sethene recommending the dismissal of the chief financial officer (CFO) Mercy Phetla.
The majority of African National Congress (ANC), Economic Freedom Fighters (EFF) and Patriotic Alliance (PA) councillors argue the reinstatement of Phetla will directly address procedural irregularities in how the dismissal was handled.
Criticism on questionable procedure
Disciplinary action against a CFO —who is classified as a senior manager—in a South African municipality is governed by a combination of the Municipal Systems Act (MSA), the Local Government: Disciplinary Regulations for Senior Managers (2010), and the Municipal Finance Management Act (MFMA), particularly regarding financial misconduct.
City Report learnt that some of the requirements for disciplinary action against Phetla were allegedly not followed. Part of adhering to regulations, the hearing is expected to follow the Local Government: Disciplinary Regulations for Senior Managers.
The disciplinary hearing must commence within three months of the council’s resolution to institute action, and on a date between 7 and 10 days after the charge sheet is served.
The council appoints a presiding officer to conduct the hearing and ensure natural justice is followed.
It is alleged that the municipal council did not grant the MM and/or the Mayor to institute disciplinary hearing against Phetla. In addition to this, Council did not authorise the MM to appoint the initiator and the Chairperson to conduct the disciplinary hearing in this regard.
Mondlane-Ngwenya called the Presiding Officer to compel him to report to Council, but that attempt was unsuccessful.
On Wednesday, 04 February 2026, the majority of councillors in the council voted to reinstate Phetla, pushing the Municipal Manager Lesego Seametso to reverse her enforcement of the findings of the report.
Thirty-four (34) councillors voted in favour of rejecting the report to dismiss Phetla, while twenty-five 25 councillors voted against.
Mondlane-Ngwenya is now expected to formalise a request for Seametso to reverse the administrative enforcement of a rejected report that led to the dismissal of Phetla.
Holding a different political view, the Democratic Alliance (DA) in the council is expected to lay criminal charges against councillors members who voted in favour of the resolution.
According to the party Caucus Leader, Gerhard Strydom, the resolution is illegal and councillors will be charged under Section 119 of the Local Government Municipal Systems Act 32 of 2000.
“This attempt was made despite clear provisions in the Disciplinary Regulations for Senior managers, which explicitly states that the Council has no jurisdiction once a Presiding Officer has made a determination.
“This position was further confirmed by a written explanation from the Presiding Officer, clearly indicating that Council has no authority to interfere in the matter.”
“Notwithstanding this, the ANC, EFF, ACDP, and PA, led by the Single Whip of Council Rose Tabanchu, proposed that Council must reject the Presiding Officer’s finding on the basis that they did not agree with the outcome or the process. The proposal was unlawfully put to a vote and passed by a majority,” said Strydom.
Responding to our questions, Thabanchu indicated that the DA is allowed to approach a court of law as a fundamental principle in constitutional democracy.
This is a developing story that will be updated when City Report receives response from other parties.
