Cracks in fragile alliance

KNYSNA NEWS – A key aspect of last year's municipal by-elections was the number of independent parties that rose to prominence.

This weakened established players in the political arena and in many cases 'indies' now control the balance of power. A number of fragile coalitions were formed which in Knysna have started to show some cracks.

The ruling alliance between the DA and Kim (Knysna Independent Movement) was rattled some weeks ago when the municipal budget was not passed, as it fell one vote short of the 11 votes needed for approval.

The budget had to be approved by the month's end (1 June) or the municipality ran the risk of being placed under administration.

The issue was a proposed 25% rates increase on vacant properties in Knysna, which was opposed by the DA and subsequently struck from the draft budget proposal.

The EFF objected to a budget without this rates raise on vacant properties, but at the special council meeting last week nevertheless voted with the DA-Kim alliance to approve the budget.

Another bone of contention concerns the appointment of a new municipal manager to replace Johan Jacobs, who served Knysna as acting municipal manager (AMM) for three months but was not available for the month of June due to personal reasons.

According to a statement by Kim earlier this week, it had proposed to appoint someone for just one month in the hope that Jacobs could be reappointed for a three-month period from July.

The appointment of a suitable person was important because the AMM would serve on the selection panel for the appointment of the directors, the statement said.

The DA supported the appointment of Raymond Esau of the Breede River council while Kim supported the appointment of Marlene Boyce as reflected in the statement issued by the party on Monday: "Ms Boyce had just been through the rigorous selection process for the permanent position of MM and was found to be among the top four of more than 60 candidates. In addition, Ms Boyce had served the municipality with distinction for 15 years, which is far preferable to appointing a new candidate from out of town, who would not have enough time to familiarise himself with the town's dynamics."

The DA welcomed Esau as Knysna's AMM, saying he "comes highly recommended and holds inter alia a Master of Law (LLM) in Public Procurement Law, Bachelor of Law (LLB) and Baccalaureus Procurationis (BProc), with in excess of 15 years senior management experience in local government including ministerial secondment appointments to municipalities under Section 139 of the Constitution interventions."

During a meeting on 31 May, Council approved the appointment of Boyce as AMM for one month. Alberto Marbi of the PBI (Plaaslike Besorgde Inwoners) submitted a motion soon after, proposing that Boyce's contract of appointment be terminated with immediate effect and that Esau be appointed as AMM.

Although Boyce was initially not the DA's candidate of choice, the DA caucus at the 31 May meeting voted for her to prevent the appointment of the ANC/PBI/PA proposed candidate, whom it described as "patently unacceptable" in its statement last week.

The DA said the entire episode could have been avoided if its coalition partner had voted for its chosen candidate, Raymond Esau, in the first place. "This unfortunate turn of events can be squarely placed on the doorstep of our coalition partner, Kim, who refused to support our candidate Mr Esau, who most certainly would have been appointed had they done so," it said.

On 7 June, Boyce's one-month contract was terminated with the PBI, ANC and PA (Patriotic Alliance) voting in favour of the PBI's motion to dismiss her and Kim and the EFF voting to keep her. The DA abstained, which according to Kim, ensured that Boyce was removed from her post. Esau was then contracted as AMM for three months in what Kim considers to be an illegal appointment.

Kim acknowledges in its statement that Esau has impressive qualifications and experience, but cited concerns

about the appointment of an external candidate. "The terms of the new candidate's appointment were not tabled in council. The salaries of senior managers in a Category 5 municipality are considerably higher than that of an MM in a Category 3 municipality such as Knysna. Accommodation costs would also come into play."

Kim also stated that the termination of Boyce's contract of appointment was unlawful and not in accordance with the applicable legislation. "Council cannot appoint another AMM until the contract of employment of the existing AMM has been lawfully terminated," its statement said, adding that the council could now face legal action from Boyce for unlawful termination and damage to reputation "at a considerable cost to a town already suffering from financial constraints. This could have been avoided simply by obeying the law".

Kim asserts that the DA knew that Marbi's motion would result in an unlawful decision and therefore abstained, hoping to shield itself from being held liable for fruitless and wasteful expenditure and dismissal due to a breach of the Code of Conduct for Councillors.

"Councillors who vote in favour of or agree to a resolution which is before the council which conflicts with any legislation applicable to local government are guilty of a breach of the code and face dismissal. We believe that it is unlikely that the DA councillors will be absolved of personal, financial liability, as they were well aware that their abstention would allow the motion to carry," Kim said.

Raymond Esau. Photo: KM/Facebook