KNYSNA NEWS - KIM has filed motions of no confidence before council calling for the heads of mayor Aubrey Tsengwa, deputy mayor Alberto Marbi and speaker Mncedisi Skosana.
Appointment of cadres
The notice of motion will be served in the Knysna council on 29 January and is part of the fallout from an investigation launched by Western Cape Minister of Local Government Anton Bredell over their conduct as councillors during the August 2022 appointment of cadres as political appointees in the offices of the ANC/PBI/ PA/EFF coalition, after the coalition ousted the coalition between the DA and KIM.
Susan Campbell of the Knysna Independent Movement (KIM) said she had filed the motions on 20 January in terms of Section 58 of the Local Government Municipal Structures Act.
Calls for new top three
She calls for Tsengwa's removal and that of Marbi and Skosana. Following that council should elect a new executive mayor, deputy mayor and speaker.
Campbell said Bredell's investigation into the conduct of Knysna councillors, resulting from the appointment of political appointees and the ensuing litigation in 2022, found Tsengwa and Marbi were not forthright in the explanations of the role they played in the purported appointment of the political appointees to the offices of the political office-bearers, "while documentary and digital evidence supported the accounts of the municipal officials".
'Excluded from communications'
The evidence showed that the acting municipal manager, Johannes Jonkers, at the time was excluded from a number of important communications between the municipality's administration and its political structures and political office-bearers.
Jonkers communicated his concerns about the irregularities to Tsengwa on more than one occasion, but his concerns were disregarded.
'Sufficient evidence'
According to the investigation advocate Luvuyo Loliwe (then acting director of corporate services, now a director at Bitou municipality ) and/or Ms Sotshede (Knysna's then acting CFO)… directly facilitated the appointments of the eight political appointees "seemingly at the behest of Mr Tsengwa and Marbi".
The investigation found there was sufficient evidence to conclude that Tsengwa and Marbi failed to ensure that all communications from them were directed at and through Jonkers.
Notwithstanding that the appointments remained the responsibility of Jonkers as acting municipal manager, they appear to have impeded Jonkers from complying with provisions of the Systems Act.
'Active role'
They took an active role in the appointments process, notwithstanding that the appointments remained the responsibility of Jonkers as acting municipal manager, impeding him from complying with provisions of the Systems Act.
Jonkers resigned from Knysna municipality at that time, following the pressure he had been placed under.
The evidence found they had breached, and failed to perform, the functions of their office in good faith, honestly and in a transparent manner, also not acting in the best interest of the municipality.
'Breached code'
They also breached the code of conduct for councillors in that they conducted themselves in such a way that the credibility and integrity of the municipality was compromised and they encouraged and/or participated in conduct which would cause or contribute to maladministration in the council.
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