STATEMENT BY BRETT HERRON, SECRETARY-GENERAL OF GOOD AND MEMBER OF THE WESTERN CAPE PROVINCIAL PARLIAMENT
25 June 2021
When Cape Town Democratic Alliance Councillor and Sub-Council Chairperson, Nora Grose, appeared in court for the second time today to face charges of money-laundering and fraud she did so with the support of a legal team paid by the City of Cape Town.
This is an unlawful abuse of public funds that effectively amounts to Cape Town ratepayers having to pay to defend someone accused of stealing from them.
I have referred the matter to the Public Protector with a request to order the city to withdraw its assistance and Grose to repay the money.
Councillor Grose was arrested in May in relation to the unlawful diversion of Covid-19 Food Relief funds to a church in Table View. She was released on bail of R10 000 at her first court appearance.
Ironically, it is Grose’s own party, the DA, that established the principle that she should pay for her own defence.
It was the DA that challenged the state funding the legal costs incurred by President Jacob Zuma on the basis that his corruption, money-laundering and racketeering charges were not related to his official duties and that he was charged in his personal capacity.
In its judgement on Zuma’s legal costs, handed down just two months ago, the Supreme Court of Appeals 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.”
Grose and the City of Cape Town should read the judgement carefully.
Subsequent to her release on bail the Speaker of the Cape Town Council confirmed that the City would be paying her legal costs.
The City claims that this is permitted in terms of Sec 109A of the Municipal Systems Act. But Section 109A of the Municipal Systems Act refers to legal representation when the legal proceedings arise out of the performance of official duties or the exercise of official power.
The charges against Grose of fraud and money-laundering are not related to her official duties, and she has been charged in her personal capacity.
She must pay back the money, as Zuma must, too.
Ends…