Pretoria - The ANC in Tshwane has threatened to take legal action against mayor Solly Msimanga if he won't heed to their demand to set aside a multi-million tender controversially awarded to an engineering company GladAfrica last year.
On Wednesday, the party's lawyers wrote to Msimanga, demanding that he take on judicial review the tender within seven days.
In a letter, which the Pretoria News has seen, the party noted that failure by Msimanga to adhere to their demand would result in the party taking up the matter with the Gauteng High Court, Pretoria "to review and set aside the GladAfrica tender".
Lawyers wrote: "We need not remind you that an invalid and improper administrative decision taken remains until set aside by an order of court."
They also stated that failure to take the tender on review would negatively affect delivery of services in Tshwane as money would be improperly and unlawfully spent.
According to lawyers, the tender awarded to the GladAfrica Group was irregular and in contravention of the Municipal Finance Act 56 of 2003.
They said Msimanga was "acutely aware of the provisions of Section 32 of the MFMA in so far as they relate to political office bearers regarding unauthorised , irregular or fruitless and wasteful expenditure".
"Our client has brought the irregularities around GladAfrica's appointment to your attention, specifically the breach of the Municipal Supply Chain Management (MSCM) Regulation 32 (1) which states that a supply chain management policy may allow the accounting officer to procure goods and services under a contract secured by another organ of state," they said.
They said the GladAfrica tender was flawed for lack of compliance and amounted to the misuse of the MSCM Regulation "in that it contravenes the provisions of Section 217 (1) of the Constitution of the Republic of South Africa requiring a procurement system which is fair, equitable, transparent, competitive and cost effective".
The letter to Msimanga was penned on the eve of a case lodged by City manager Dr Moeketsi Mosola at the Labour Court, seeking to interdict the tabling of a preliminary report into the awarding of GladAfrica during council sitting on Thursday.
The report allegedly implicated Mosola into wrongdoing related to the awarding of a tender to assist in the roll-out of infrastructure projects valued at R12billion.
The hearing of the case was expected to take place in Johannesburg at 10am - the same time council sitting was scheduled to start at Sammy Marks Council Chamber.
Meanwhile, the ANC is expected to table a motion seeking for the suspension of Mosola during today's council sitting.