The GOOD Party has submitted a formal complaint to the Western Cape government, calling for Stellenbosch Municipality’s political leadership to be held accountable for shielding a senior official who was lambasted by a High Court for showing a “refusal to understand African culture”.
According to Judge Daniel Thulare former Stellenbosch Acting Municipal Manager Annelene de Beer’s actions in using municipal law enforcement to prevent access by initiates to a local nature area demonstrated she is “unfit to serve in local government in South Africa.” She currently serves as the municipality’s Director: Strategic and Corporate Services.
“Judge Thulare found De Beer’s actions reflected a serious need for social context training before she does ‘a lot of damage to the project of nation building.’ In response the GOOD Party submitted a formal request to the council to suspend De Beer while it investigated her inappropriate behaviour,” said GOOD councillor Christie Noble.
“However, the Speaker, acting on advice from the Mayor (Gesie van Deventer), elected to seek legal advice on the matter, which 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.”
Noble says the GOOD Party has, therefore, submitted a formal complaint to MEC Anton Bredell in terms of Section 106 of the Municipal Systems Act, calling for councillors to make the decision on whether to investigate De Beer. “The conduct of the Speaker should also be investigated,” he said.
In a separate matter relating to De Beer the GOOD Party has 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.
However, said Noble, 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.
On request for comment from Stellenbosch Municipality, its spokesperson, Stuart Grobbelaar, said it had taken the court order on review and “therefore the matter is sub judice. We cannot discuss an ongoing court matter in the public domain. The Acting Municipal Manager acted entirely lawfully and within her mandate.”
He added that the Public Protector’s (PP) report has been set aside by the High Court in its entirety. “The High Court found the PP report to be unconstitutional, unlawful and invalid,” Grobbelaar said.
The GOOD Party has called out Stellenbosch Municipality for “behaving like a law unto itself”.
“The Speaker and Mayor are not above the rules of council, and it is unacceptable for them to shield a senior official who has been found unfit to serve in local government.”
The office of Minister Bredell did not comment on questions from Eikestadnuus at the time of going to print.
