HIGH COURT CONFIRMS THAT GEORGE MUNICIPAL MANAGER’S SUSPENSION IS UNLAWFUL AND SET ASIDE.  PUNITIVE COSTS AWARDED AGAINST THE GEORGE MUNICIPALITY

10 March 2020

STATEMENT BY BRETT HERRON, GOOD MEMBER OF THE WESTERN CAPE PROVINCIAL PARLIAMENT AND SECRETARY-GENERAL

 

 

10 MARCH 2020

 

 

HIGH COURT CONFIRMS THAT GEORGE MUNICIPAL MANAGER’S SUSPENSION IS UNLAWFUL AND SET ASIDE.  PUNITIVE COSTS AWARDED AGAINST THE GEORGE MUNICIPALITY

 

THE PEOPLE OF GEORGE ARE LITERALLY PAYING THE PRICE OF THE DA’S INFIGHTING:  THE DA AND ITS COUNCILLORS SHOULD BE HELD LIABLE FOR WASTEFUL EXPENDITURE

 

The Western Cape High Court yesterday ordered that the George Council’s decision to put George Municipal Manager, Mr Trevor Botha, on precautionary suspension was unlawful.  The court ordered that Botha be reinstated, with immediate effect, and that the George Municipality pay the legal costs on the punitive attorney and client scale.  This higher scale of costs is usually awarded when a party’s conduct has been reprehensible.

 

This means that the local government’s taxes which are supposed to be spent on service delivery are now being used to fund the DA’s infighting and political posturing. 

 

On the 17 February 2020 the DA George Council suspended Botha based on the so-called forensic investigation conducted by the MEC for Local Government, Anton Bredell.  

 

In a breach of the separation of party and state this same report was provided to the DA in order for the DA to justify action against Mayor Naik, prior to the report’s release to the Council.

 

Now the High Court has found Botha’s suspension to be unlawful and ordered the ratepayers of George to pay the costs.  The people of George are literally paying for the DA’s interference in the administration of the George Municipality.

 

I have repeatedly said that Bredell cannot lead an impartial investigation of what is happening in George since the DA’s Ministers and MPS – including Bredell – are implicated in the actions being investigated.   

 

Bredell is both the DA Provincial Chairperson and the MEC for Local Government.  He is also directly involved in the factional warfare going on in George.

 

Bredell and DA MP Geordin Hill-Lewis led the charge to suspend Mayor Naik based on allegations of wrongdoing but refused to act against DA Councillor Cronje despite overwhelming evidence that Cronje orchestrated the unlawful investment of R350 million with Old Mutual so that his son could get a commission.

 

Last month I lodged a complaint and dossier of evidence with the National Public Protector’s office and last week I travelled to Pretoria to meet with the investigators.

 

Part of my request to the Public Protector is an investigation and finding on the process conducted by the MEC for Local Government to prepare the so-called forensic report.  

That investigation produced the report that the DA in George relied on to suspend Botha.

 

It is outrageous that the people of George are caught up in a battle that is entirely of the DA’s doing and that they are literally paying for the DA’s battles. 

 

The decision to suspend was an instruction from DA leadership.  The DA and those who voted for the unlawful suspension should be held liable for the fruitless and wasteful expenditure, not the innocent residents of George.

 

Ends…