GOOD statement by Brett Herron
GOOD Secretary-General & Member of Western Cape Provincial Parliament
22 October 2021
- PUBLIC PROTECTOR FINDS MEC’S HANDLING OF OUDTSHOORN CORRUPTION LACKED GOOD FAITH AND WAS NOT IN THE INTERESTS OF GOOD GOVERNANCE
- PRESIDENT RAMAPHOSA ORDERED TO ACT ON PREMIER ALLAN WINDE’S CONSTITUTIONAL AND ETHICAL BREACHES WITH RESPECT TO THE SAME MATTER
The Office of the Public Protector has found Western Cape MEC for Local Government Anton Bredell in breach of the Executive Code of Ethics, and that he had exposed himself to the risk of a conflict between his official responsibilities as MEC and his private interest as a member of the DA.
Bredell’s mismanagement of serious corruption allegations in the Oudtshoorn Municipality was brought to the Public Protector’s attention by GOOD Secretary-General Brett Herron.
After ignoring the allegations for nine months in 2019, Bredell met Oudtshoorn councillors to hatch a plan. The councillors would agree to the municipality being placed under the administration of the province (Bredell’s department), in return for which they’d continue earning their salaries.
Reacting to the release of the Public Protector’s report today, Herron said Bredell should do the honourable thing and resign. “Oudtshoorn is not the DA’s family business,” Herron said.
The corruption was reported to Bredell in March 2019 by the former Executive Mayor of the Oudtshoorn Local Municipality, Mr Colan Sylvester.
Instead of acting on the allegations by launching an investigation, in accordance with the provisions of section 106 of the Local Government: Municipal Systems Act, 2000, Bredell moved to manage potential political fallout.
Nine months after receiving the information from Sylvester, he met DA Councillors of the municipality to obtain their buy-in for his plan to place the Municipality under administration.
Bredell said: ‘’My suggestion is that we, that you, as Oudtshoorn Council cause you’re the majority, you’re the council, you ask that we put you under administration’’.
The Office of the Public Protector released the outcome of its investigation today. Its findings included that Bredell had failed to take timeous action, lacked diligence, good faith and objectivity, and was not in the best interest of good governance.
“The MEC’s conduct therefore was improper and in breach of the provisions of section 136(2) of the Constitution. It also constitutes a breach of paragraph 2.1(a), 2.1(b), 2.1(c), 2.1(d) and 2.3(c) of the Executive Code of Ethics,” the Public Protector found.
To remedy the breach, Premier of the Western Cape Allan Winde must inform the provincial legislature within 14 days of any action taken or to be taken with regard to the Public Protector’s findings.
- The Public Protector also released findings with respect to a second, related, complaint lodged by Herron – against Premier Allan Winde.
The former Executive Mayor of Oudtshoorn, Sylvester, wrote to Winde in March 2020 in connection with the conduct of MEC Bredell referred to above.
When Winde appeared before the Parliamentary Portfolio Committee on Cooperative Governance and Traditional Affairs in June 2020, he defended Bredell’s management of the allegations, saying it was perfectly legal to have a political agreement to place a municipality under administration.
Winde’s response indicated he was aware of Bredell’s “deal”, and condoned it, when he was in fact obligated to conduct an enquiry in terms of the Executive Ethics Code taking into account the promotion of an open, democratic and accountable government, Herron told the Public Protector.
In its report, the Public Protector found that, indeed, the statements made by the Premier to the Parliamentary Portfolio Committee on Cooperative Governance and Traditional Affairs were improper, and not in accordance with the Constitution or the law.
“His statements were therefore not in the best interest of good governance and not consistent with what is expected of a person in the position of a Premier. He therefore acted in breach of section 136(2) (b) of the Constitution and paragraphs 2.1(c) and (d), and 2.3(c) of the Executive Ethics Code,” the Public Protector found.
“To remedy the breach of the Executive Ethics Code, the President must in terms of section 3(5)(2)(b) of the Executive Members’ Ethics Act, submit a copy of this report and any comments thereon to the National Council of Provinces within a reasonable time, but not later than 14 days after receiving the report.”
Media enquires:
Ms Karabo Tledima, GOOD Media Manager
Cell: 061 794 3819
Email: karabot@forgood.org.za