Pretoria High Court reinstates Tshwane City Manager Johan Mettler

The court set aside his precautionary suspension pending further legal proceedings. The Pretoria High Court has overturned the Tshwane Council’s bid to sideline City Manager Johan Mettler, ordering his immediate reinstatement. Judgement in the urgent matter challenging the suspension of Mettler was handed down on Friday, 31 July 2026. Suspension Mettler was suspended after a closed vote during the council meeting on Thursday, 9 July 2026. The DA and trade union Solidarity approached the Pretoria High Court on an urgent basis last week to overturn resolutions adopted during the council sitting. The court suspended the vote and resolution, interdicting the Speaker and the Tshwane Council from implementing the decision. Judgement In the ruling, Judge AJ Pillay determined that voting is a “cornerstone” of a municipal council and that “to limit a councillor’s eligibility to vote ought to be reserved for strictly circumscribed circumstances”. Pillay concluded that “[t]he Speaker did not have the authority to determine a councillor’s eligibility to vote or to subtract the votes that were indeed cast in the execution of those affected councillors’ mandates and duties,” rendering the subtraction prima facie unlawful. The court also found that the requirements for urgent interim relief were fully met. Pillay rejected the Speaker’s argument that the applicant had an alternative internal remedy under the council’s By-Laws, stating that “what the Speaker did cannot be classified as a ruling” and therefore “there is no alternative remedy to address the Applicant’s plight for redress”. ‘Poisonous tree’ Furthermore, the court established urgency, noting that because the acting city manager’s appointment was “the fruit of a poisonous tree,” any actions she performed would also be prima facie unlawful, giving rise to “[e]ndless adverse possibilities”. Ultimately, Pillay ordered that the resolution suspending Mettler be suspended with immediate effect, declaring that “[t]he Fifth Respondent [Mettler] is entitled to resume and continue in the office of City Manager” while restraining the respondents from maintaining anyone else in an acting capacity. DA welcomes ruling DA Tshwane mayoral candidate Cilliers Brink welcomed the judgment, saying it vindicated Mettler and exposed the council’s flawed process. “The court has made it clear that the suspension was baseless and that Mr Mettler is entitled to resume his duties,” Brink said. Brink added that the ruling protects the integrity of the city’s administration, noting that the appointment of an acting city manager was “the fruit of a poisonous tree” and would have led to “endless adverse possibilities.” ActionSA ActionSA also welcomed the Pretoria High Court’s ruling interdicting the suspension of Mettler, stressing that the judgment relates to the Speaker’s ruling and not the Executive Mayor. The party noted that Mayor Dr Nasiphi Moya complied with her statutory obligations and respected the court process. ActionSA emphasised that it voted against Mettler’s suspension and even tabled the recommendation not to suspend him – a position backed by the DA and other parties. “Our vote against the suspension should have been sufficient to prevent it from taking place,” the party said, blaming the Speaker’s decision to discount councillors’ votes for creating the crisis. ‘Political victory’ Rejecting DA and FF Plus claims of a political victory, ActionSA argued: “The Court has merely corrected the consequences of the Speaker’s ruling in relation to councillors who chose to absent themselves.” The party added that while it welcomes the judgment, “it should never have been necessary in the first place.” ActionSA concluded that with Mettler back at the helm, “the work of turning around the City of Tshwane will continue.”