GOOD Statement by Christie Noble,
GOOD Stellenbosch Councillor
24 August 2022
The DA-led Stellenbosch Municipality doesn’t believe in the principle of being held to account by members of opposition parties. Nor does it believe that remedial action ordered by the Public Protector is binding, despite the Constitutional Court’s ruling that it is.
The municipality has instead been invoking every technical rule it can conjure to avoid debating alleged serious misconduct by its senior officials in public – while simply ignoring Public Protector findings.
On 30 March 2022, the Public Protector made findings of maladministration against the management and leadership of the Stellenbosch Municipality. GOOD demanded that the Executive Mayor report on the findings and the remedial action ordered by the Public Protector to the Council. This demand was ignored by the Executive Mayor.
On 13 August, the GOOD Party submitted a formal notice of motion to the speaker in light of findings and remedial actions in a Public Protector’s report on the irregular appointments of Ms Annelene de Beer as Director of Strategic and Corporate Services, and Mr K Carolous as Chief Financial officer. The motion called for the tabling of the report so that Council could monitor and assess the implementation of the remedial action, as ordered.
The Speaker refused to table the motion, using the rules of order to sidestep questions and sweep the issue under the rug.
This was the second time the municipality has refused to table a motion to address allegations of maladministration requested by GOOD. The first case followed GOOD’s request for an investigation into alleged maladministration by former property manager, Mr Piet Smit.
In that instance, the Speaker claimed that the motion and proposed investigation could interfere in “judicial” or “quasi-judicial” processes. Which processes? If there are any judicial or quasi-judicial processes the Municipal Manager has a duty to inform council and the residents of Stellenbosch what investigations are underway.
These unanswered questions were exactly what the GOOD party then submitted to the Speaker seeking answers to be tabled in Council. Now the Speaker has againrefused to allow legitimate questions relating to the governance of the municipality to be asked and answered in Council.
What does good governance and the law demand?
- Public Protector findings and remedial action are binding and not open for “discussion”. Findings can be taken on review, which Stellenbosch has not bothered to do.
- The Municipal Manager and Executive Mayor are therefore lawfully bound to submit a report to Council on the implementation of recommended remedial action.
- The alleged direct hand of the Mayor in maladministration must also be investigated.
Stellenbosch Municipality’s posture on these matters speaks to a trend of bad governance, non-compliance with regulations and laws, and arrogant belief that it is accountable to none but its own DA caucus.
Media Enquiries:
Christie Noble, GOOD Stellenbosch Councillor
Cell: 062 401 4506
Email: christien@forgood.org.za
Dewan de Swardt, GOOD Acting Media Manager
Cell: 072 536 1476
Email: dewands@forgood.org.za