Councillors face Bredell investigation

KNYSNA NEWS – A committee to investigate breaches of the Code of Conduct for Councillors has been appointed by Anton Bredell, Western Cape Minister of Local Government, Environmental Affairs and Development Planning.

The investigation concerns the illegal appointment and payment of political office bearers in Knysna Municipality.

Bredell's decision, announced on Tuesday 30 May, follows a scathing Western Cape High Court judgment in November last year in which Judge Robert Henney slammed the "shameless and flagrant conduct" of the ANC-led coalition leadership in the Knysna Council, who were the respondents in an urgent application brought by the DA over the payment of eight political appointees.

Henney singled out Deputy Mayor Alberto Marbi, "who was prepared to commit the fraud on this court …". Other respondents in the urgent application included Mayor Ndoda Aubrey Tsengwa,

Speaker Mncedisi Skosana and the acting municipal manager at the time, Roland Butler. Henney said: "In this particular case the conduct of the respondents strongly undermines the rule of law and supremacy of the Constitution."

Bredell's statement

Bredell said in Tuesday's statement that Marbi's averments under oath in his affidavit were dishonest and clearly contradicted by evidence. The investigation committee is made up of an advocate of the Cape Bar and an independent forensic investigator.

"The committee is independent, impartial, and will at all times conduct the investigation in a lawful and procedurally fair manner," said Bredell.

"All persons implicated in the judgment will be afforded an opportunity to engage with the committee on its findings before the committee makes a recommendation to me on any appropriate remedial actions or sanctions."

Knysna Deputy Mayor, Alberto Marbi

Points of concern in the judgment

On a review of Henney's judgment, Bredell said, "It is evident that the court made several serious adverse findings against certain councillors in the municipality which relate to their decision to unlawfully create positions in the office of political office bearers in the municipality, their decision to irregularly authorise the appointment of persons to those positions, and their subsequent decision to authorise payment to the persons appointed.

"Of particular concern is the court's finding that the implicated councillors took these decisions despite obtaining legal advice from an external law firm advising against it."

According to Bredell, the court ruled that the conduct of the executive mayor, the deputy mayor, the members of the governing coalition, and certain senior municipal officials was in contravention of the "heightened duty that rests on public officials in the exercise of their functions in government".

Knysna Speaker, Mncedisi Skosana

A municipal conflict of interest

"Given that all those implicated would have to recuse themselves to avoid conflicts of interest, the Municipal Council itself would not have sufficient members to form a quorum to establish a special committee or to make a decision following on any such investigation in accordance with item 16(2) of the Code of Conduct," Bredell said.

"In the circumstances, to avoid the adverse implications associated with an actual, or even potential, conflict of interest, I have found it justified to exercise my powers … and appoint an independent committee to investigate the alleged breach of the Code and to make recommendations to me on the appropriate remedial action and/or sanctions in terms of the Code."

Former acting municipal manager in Knysna, Roland Butler.