PLETTENBERG BAY NEWS - Two political parties, ActionSA and the ANC, have questioned a procurement deviation signed by Bitou Mayor Jessica Kamkam, claiming that it was unlawful.
The deviation related to the appointment of a presiding officer for the disciplinary hearing of the suspended municipal manager, Mbulelo Memani.
In a statement, the ActionSA Bitou caucus said it had obtained copies of the deviation document signed by Kamkam.
The party also welcomed the decision by ANC councillor Samkele Mangxaba to open a criminal case and submit a letter to Western Cape MEC for Local Government Anton Bredell, outlining what he alleges are procurement irregularities.
Mangxaba said he laid the charge after documents detailing the alleged irregularities were slipped under the door of his office.
He has also called on Bredell to institute an investigation in terms of Section 106 of the Local Government: Municipal Systems Act.
Governance protocols
In his letter, Mangxaba asked Bredell to clarify whether Kamkam has the legal authority to sign deviation orders, whether the deviation constitutes irregular expenditure, the total value of deviations she has signed during the current financial year, and whether there is evidence of corruption or fraud relating to the appointment.
ActionSA, in its statement, criticised what it described as an "unlawful deviation" and alleged "rising corruption in the DA-led Bitou Municipality".
"It is a matter of public record and administrative law that the executive mayor does not possess the delegated authority required to approve deviations for the appointment of service providers," the party said.
Mayor's response
Kamkam rejected the allegations, saying her actions were lawful and in accordance with "applicable legislation, duly approved council delegations, and within a clear spirit of promoting good governance, accountability, and institutional integrity".
She referred to delegation powers approved by Council in a resolution dated 22 June 2022.
"These delegations explicitly empower the executive mayor to obtain and procure legal opinions, including Senior Counsel's opinions, on any matter, subject to clearly defined exclusions, namely:
(a) the appointment, composition, powers and functions of political office bearers and political structures of council; and
(b) the appointment, discipline and conditions of service of the Municipal Manager."
Kamkam said the matter involved a disciplinary process concerning the municipal manager at the time.
"This presented an exceptional and sensitive circumstance, where adherence to good governance principles necessitated the avoidance of any potential or perceived conflict of interest," she said.
Anton Bredell, the Western Cape MEC for Local Government, was approached for comment. However, no response had been received by the time of publication.
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