The newly elected Tshwane deputy mayor cannot confirm whether she paid back a R10 000 subsistence and travel allowance for a work trip that she did not take while chief of staff at the capital city.

Following a tedious special Tshwane council meeting on Thursday, where arguments were raised around the legality of the election of a deputy mayor, ActionSA's candidate, Dr Nasiphi Moya, was elected unopposed.

Before she was nominated, the Economic Freedom Fighters (EFF) caucus raised a query about an incident that occurred when Moya was chief of staff during Stevens Mokgalapa's tenure as Tshwane mayor in 2020.

EFF regional chairperson Obakeng Ramabodu said he had documents he wanted to hand to the Speaker, which related to a work trip to Saudi Arabia.

According to Ramabodu, Moya was set to go on a work trip to Saudi Arabia and was given R10 000 for subsistence and travel allowance. However, she did not end up going on the work trip.

Ramabodu said: "Has she paid the city back? If not, she is not fit to be on this council, and I want to refer this to you [the Speaker]".

"We want answers. Where is the R10 000? This is the person that must deal with our finances." 

Tshwane Speaker Mncedi Ndzwanana noted the allegations and said the accounting officer would look into it and get back to the council with answers. 

Ndzwanana's ruling agitated the EFF caucus, which wanted the election to be put on ice until the question about the allowance was answered. 

After a long rant, the EFF staged a walkout. 

Cannot confirm or deny

Speaking to News24 following the council sitting, Moya said the issue of the R10 000 allowance for a work trip that she did not make, happened in the beginning of 2020.

Moya then said she had given back "laptop and records," and thus could not "confirm or deny," but said there was a process unfolding which was looking into the allegations.

When pushed for an answer, Moya said, "Yes, in terms of the subsistence (the allowance), that is the one I am waiting for the city manager to confirm that, indeed, the money was supposed to be paid back." Moya added: "But I also need to go back to my records because I only heard of this on my way here in the morning.

I can't for sure confirm until I go to my banking details as well.

The deputy mayor did say that she has given assurance to ActionSA and the coalition in Tshwane that she would cooperate with the investigation and that if she is in the wrong, she will accept "whatever decision is taken or recommended by the report of the accounting officer".

Technicalities for the election

After the EFF staged a walkout during the meeting, the African National Congress in Tshwane raised a different alarm, alleging that the appointment of Moya as deputy mayor would go against the rules.

Tshwane chairperson Eugene Modise said the candidate for the position must already be part of the executive, explaining that she [Moya] had to be a member of the mayoral committee (MMC) in the capital city.

His views appeared to be based on a council report on the matter. The council previously resolved that in the creation of a deputy mayor position, the number of appointed MMCs does not exceed nine. 

"We have just heard that she has been sworn in [as a councillor] and is not an MMC. We have not seen her appointment as an MMC," Modise said. 

Another councillor, Lex Middelberg also raised issues of legality, arguing that the existing legislation talks about the person being appointed to the deputy mayor position coming from a full-time member of the executive, such as an MMC or speaker. 

This talks to the Municipal Structures Act, which designates the MEC for local government in a province to specify, by way of notice in the government gazette, which councillors in the municipality may be designated as full-time members.

In response to this, Tshwane Mayor Cilliers Brink maintained that they could elect the deputy mayor, and once elected, the Gauteng MEC of Co-operative Governance and Traditional Affairs would commence the process of issuing a notice that would allow the deputy mayor position to become regarded as full-time.

Brink said that the MEC had issued a letter to this effect, and they were following his process.

In the interim, the position would be part-time, and no extra costs would be incurred.

Following the election, Modise said they would not be challenging the election process.