GOOD Statement by Christie Noble
GOOD Stellenbosch Municipality Councillor
05 April 2023
The GOOD Party has submitted a formal complaint to the Western Cape government to stop Stellenbosch Municipality’s political leadership from shielding a senior official who was lambasted by a High Court for showing a “refusal to understand African culture”.
Judge Daniel Thulare last week found that former Stellenbosch Acting Municipal Manager Ms Annelene De Beer’s actions in using municipal law enforcement to prevent access by initiates to a local nature area demonstrated that is she unfit to serve in local government in South Africa.
De Beer is currently the municipality’s Director: Strategic and Corporate Services.
Judge Thulare found that her actions reflected a serious need for social context training before she did “a lot of damage to the project of nation building”.
The GOOD Party responded to the judgement by submitting a formal request to the Council to suspend De Beer while it investigated her inappropriate behaviour.
Section 5 of the Regulations for Senior Managers 2010 deals with Disciplinary Procedures. It stipulates that Council needs to resolve whether or not to investigate a senior manager. But the Speaker, acting on advice from the Mayor, elected to rather seek legal advice on the matter.
This decision was inconsistent with the rules of Council and unconstitutional. The Speaker failed to apply the Council’s Standing Rules of Order in a fair, open and transparent manner and no opportunity was given to the Council members to debate the issue.
The GOOD Party has therefore submitted a formal complaint to MEC Anton Bredell in terms of Section 106 of the Municipal Systems Act. The decision on whether to investigate De Beer must be taken by councillors, while the conduct of the Speaker should also be investigated.
*In a separate matter relating to De Beer, GOOD has also submitted a notice of motion to Council for the tabling of a Public Protector’s report into allegations of improper conduct and maladministration at the Municipality relating to De Beer’s appointment, and the involvement of the Mayor.
It’s understood that the report has been set aside in court, but neither the report nor the decision to review it, and related costs, have been presented to Council.
It is unacceptable for Stellenbosch Municipality to behave like a law unto itself. The Speaker and Mayor are not above the rules of Council.
Media Enquiries:
Christie Noble, GOOD Stellenbosch Municipality Councillor
Cell: 062 401 450
Email: christienoble11@gmail.com
Janke Tolmay, GOOD Media Manager
Cell: 0733671223
Email: janke@forgood.org.za