The GOOD Party in Stellenbosch has submitted a formal complaint with the Stellenbosch Municipality against the Director: Strategic and Corporate services, Annelene de Beer, following a High Court ruling that she acted unjustly by using municipal law enforcement (MunPol) to prevent access to initiates at a local nature area during her time as Acting Municipal Manager late last year.
This followed an urgent application at the Western Cape High Court by a principal of the Basotho tribe, Rash Makhubela (applicant), to restore to the applicant and other stakeholders unrestricted access to an initiation school at Ida’s Valley Nature Reserve after the Stellenbosch Municipality (respondent) denied them access to the property.
The application was opposed on two grounds. Firstly, the respondent denied that the applicant, other parents, and medical personnel were in possession of the property from 25 November 2022 and that they were wrongfully dispossessed of the property. Secondly, the respondent alleged that, as the owner of the property, it had a statutory obligation in terms of the Veld Fires Forest Act, 1998 (VFFA), and that the restriction of access other than the identified persons was a step taken by the respondent to ameliorate the risk of veld fires on the property.
Judge Daniel Thulare in his ruling said the school operated under very challenging and severe circumstances because of the restricted access. “This hindered the provision of necessities such as food, water, medical equipment, etc., which placed the lives of the initiates at high risk. This made it difficult for the disabled and elderly who wanted to visit their blood relatives among the initiates.”
The court was also critical of De Beer’s ignorance of African culture and initiation schools, as well as the municipality’s lack of appreciation for Basotho-Mahlubi teachings and deemed the MunPol deployment as heavy-handed and unlawful.
Municipal spokesperson Stuart Grobbelaar says the municipality has studied the ruling and has instructed their attorneys to take the matter on review. “The initiation school was informed by the municipality in advance that they do not have authorisation to go into the nature area because the municipality, in terms of law, was not granted the necessary fire certificate,” he adds.
“Before this court order was issued, the Acting Municipal Manager acted entirely lawfully by restricting access to the site. The municipality is not the custodian of initiation schools, nor do we issue fire permits for fires in a nature area (as is required by national legislation). In this case, the municipality is merely the landowner and had to manage the access as the legally required fire permits were not in place. A municipality cannot simply act in contravention of legislation,” Grobbelaar says.
GOOD Councillor, Christie Noble, says the behaviour of De Beer has brought the Municipality into serious disrepute and calls for her suspension. “We cannot ignore the fact that the appointment of De Beer, and the role of the Mayor in that decision, have already come under scrutiny in a Public Protector’s (PP) report following an investigation into allegations of improper conduct and maladministration. The shameful conduct of De Beer is not in line with the principles and values enshrined in our Constitution and simply has no place in South Africa.”
Noble said there has been no official feedback to Council on the status of this report and no answer as to what action, if any, would be taken in terms of the remedial action in the report.
But says Grobbelaar the PP-report into allegations of improper conduct and maladministration regarding De Beer’s appointment has been set aside by the High Court and the decision was agreed to by the Public Protector.
