The GOOD Party in Stellenbosch has filed a formal complaint to the Minister of Local Government, Anton Bredell, urging him to hold the Mayor of Stellenbosch to account for alleged interference in the administrative processes of the council. The party claims her actions were politically motivated and have seriously compromised the credibility and integrity of the municipality.
Municipal spokesperson Stuart Grobbelaar, however, says the councillor is misinformed and does not understand the legislative process governing appeals.
In addition to the complaint, the GOOD Party has also called on the Office of the Speaker to conduct a thorough investigation into Mayor Gesie van Deventer’s actions.
This recent controversy surrounding her arose after a ruling by High Court Judge Mangcu-Lockwood, who found that her decision to engage in a general review of a decision made by the Stellenbosch Municipal Planning Tribunal (MPT) was influenced by a significant error of law. This decision by the Mayor, according to the court, had far-reaching implications.
beyond her legislative role
While the Land Use Planning By-Law permits Van Deventer to function as Appeal Authority, it was found she had gone beyond her legislative role by scrutinising the validity of certain documents while presiding over the appeal.
The court ruled her subsequent decision to overturn the MPT’s original decision had detrimental consequences for the Franschhoek Claimants Trust, impeding their right to develop the property in question.
The court’s findings indicate the Mayor’s intervention and interference in the administrative processes can be viewed as misconduct, posing a direct threat to the municipality’s credibility and integrity.
The GOOD Party strongly condemned such actions, as they undermined the democratic principles on which the council operates.
Grobbelaar said: “The Executive Mayor was performing her duties as per the legislation. She may request further information, source oral or written representations and may agree or disagree with the Municipal Planning Tribunal’s (MPT) decision. The process is completely independent of any political considerations, and applicants always have the right to approach the High Court to review the Appeal Authority’s decision.”
He added this was a very important matter as the actions of some of the trustees of the Franschhoek Claimant’s Trust may result in stripping the rightful land claimants from their land rights.
calls for mayor’s suspension
Responding to the court’s judgment, the GOOD Party has formally requested the Council to suspend Van Deventer pending the outcome of an investigation into her conduct. The party emphasised the need for a fair and impartial investigation to restore public trust and ensure accountability within the municipality.
Grobbelaar hit back and said: “The political attack on the Mayor’s integrity is therefore totally misplaced and opportunistic. The councillor also seems to be misinformed on what fruitless and wasteful expenditure is, as he makes unsubstantiated comments on this issue. No further comments can be made as this matter is currently sub judice.”
