GOOD press statement by Christie Noble,
GOOD: Stellenbosch Municipality Councillor
31 March 2022
GOOD welcomes the report by the Public Protector which has found that the appointments of Adv de Beer and Mr Carolus to be irregular. They were appointed as Director: Strategic and Corporate Services and Chief Financial Officer (CFO) respectively.
As such we demand that the Executive Mayor table this report before Council as it was the appointing authority. Further to this, the Executive Mayor must explain to Council why it was hoodwinked into ratifying these manifestly irregular and irrational appointment of these senior managers.
In the case of Mr Carolus, the Public Protector found his appointment to be “improper and unfair” while Adv de Beer’s appointment was determined to be “irregular” and in contravention section 56 of the Municipal Systems Act.
This “maladministration and improper conduct” has become synonymous with DA municipalities in recent times. Most notably in George Municipality and now in Stellenbosch.
The Executive Mayor’s failure to submit this report to Council will constitute a breach of section5 of the Municipal Systems Act’s Regulations for Disciplinary Matters relating to senior managers which will further throw the Stellenbosch Municipality into disrepute.
To remedy this maladministration and improper conduct, the Municipal Manager must:
Report the irregular appointments to the Western Cape Provincial Treasury for a determination on whether or not the remuneration paid to Adv. De Beer and Mr Carolus constitutes irregular expenditure as contemplated by the Local Government: Municipal Finance Management Act, 2003 within 60 working days from the date of the report, and to take action accordingly;
Ensure that the Internal Audit Unit, on an annual basis, continues to review the adequacy and effectiveness of the municipality’s system of internal control, risk management and compliance to laws, regulations and Municipal policies and procedures; and
Ensure that the Audit Committee of the Municipality, in all its quarterly meetings, consider the internal audit and Auditor-General South Africa reports to ensure that the recommendations are implemented.
The Public Protector’s remedial actions are binding as confirmed by the Constitutional Court in March 2016 and the Executive Mayor, Council and Provincial Treasury must give effect to them within the prescribed timelines.
Once again, the DA demonstrates that its commitment to good governance is a fiction.
Council must intervene to prevent the Stellenbosch ratepayer being made to foot the bill for irregular expenditure for “friends and family”.
Media enquiries:
Christie Noble, GOOD: Stellenbosch Municipality Councillor
Cell: 062 401 4506
Email: christienoble11@gmail.com
Samkelo Mgobozi, GOOD: Media Manager
Cell: 0792315977 (whatsapp)/0829684021 (calls)
Email: samm@forgood.org.za