South Africa: DA Lays Criminal Complaint Against Tshwane Deputy Mayor, Legally Assisted

press release

This morning, the Democratic Alliance (DA) in Tshwane lodged a criminal complaint against Deputy Mayor Eugene Modise with the South African Police Service (SAPS). The statement made by DA Tshwane Caucus Chief Whip, Jacqui Uys upon laying the charges draws attention to the following issues specifically:

The findings of a Tshwane investigative report that confirms that Modise failed to declare and divest his interests in Triotic Protection Services, a service provider of the municipality. Modise continues to benefit from this contract in contravention of the Code of Conduct for Councillors.

⁠⁠The R59 million judgment granted in favour of SARS against Triotic Protection Services in August 2023, which raises the question whether at material times the company submitted the tax clearance certificate necessary to do business with the state.

The need for a thorough investigation in terms of the Prevention and Combatting of Corrupt Activities Act, 12 of 2004 into the circumstances under which Triotic's contract with Tshwane was procured and extended.

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Mayor Nasiphi Moya has known that Modise benefits unlawfully from a municipal contract since September. Yet she retains him as Member of the Mayoral Committee for Finance, a portfolio critical to Tshwane's financial recovery.

Modise acts in her place during her numerous overseas trips, is allowed to make unilateral announcements about disputed salary increases with enormous financial implications for the City, and he routinely accompanies City officials on by-law enforcement operations despite his own contempt for the law.

Moya's failure of leadership sets a terrible example for Tshwane officials. But it also confirms the extent to which parties like ActionSA, the EFF and the Patriotic Alliance have effectively become co-opted comrades willing to turn a blind-eye to the abuses of cadres like Modise.

In preparing our complaint we have been assisted by the private prosecution unit of Afriforum under former NPA prosecutor, Adv Gerrie Nel. This is to ensure that the case against Modise is properly investigated from the start.

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