STATEMENT BY BRETT HERRON, GOOD SECRETARY-GENERAL AND MEMBER OF WESTERN CAPE PROVINCIAL PARLIAMENT
27 May 2021
The City of Cape Town’s decision to cover the legal costs of Nora Grose, the DA councillor arrested last week in connection with fraud and money-laundering, is unlawful.
Grose, who made a brief appearance in the Atlantis Court after handing herself over to police, was released on bail of R10 000 and will reappear in court next month.
Her arrest relates to a police investigation into the misappropriation of City of Cape Town Covid-19 Food Relief funds that were unlawfully transferred to a bank account of a Church in Table View.
Mayor of Cape Town Dan Plato, who launched his campaign to return as the DA’s mayoral candidate for Cape Town in October at the same church last year, has stated that the City of Cape Town will cover Grose’s legal costs.
Section 109 A of the Municipal Systems Act provides that a municipalities may provide councillors with legal representation when the legal proceedings arise out of the exercise of their powers or performance of their duties.
The alleged wrongdoing by the councillor cannot be covered by this section, as the Mayor claims, since the conduct being investigated does not relate to her duties as a councillor.
In 2018 the DA and the EFF challenged former President Zuma’s use of state provided legal services to defend his fraud and corruption cases.
The court found that President Zuma was not entitled to use state resources to defend himself in criminal proceedings.
This was upheld on appeal to the SCA which issued a judgement just two months ago which said:
“The Government and the public can hardly have a legitimate interest in supporting a defence against criminal charges by an incumbent or former public office bearer and especially not in respect of charges of dishonesty and corruption.
“Allowing officials to resist being held accountable, by drawing on state resources to obstruct or delay a prosecution, subverts the Government’s (and the public’s) interest”.
This Grose case is the latest example of the DA asking the public, its supporters and voters, to suspend their values and principles when they apply to one of their own.
It’s not just unlawful; it’s the height of hypocrisy.