KNYSNA NEWS – Lawyers for Grey Elephant Investments (GEI) have sent out letters of demand to two recipients to remove social media posts about GEI's alleged multi-million debt on the books of Knysna municipality.

The letters from A Chimes Van Wyk, acting on behalf of one of three GEI directors, Neil Lurie, have called for the removal of a Facebook post by councillor Susan Campbell of the Knysna Independent Movement (KIM) and Lizette Monk, a décor shop owner and commercial property owner in Knysna. Monk said she was deleting the post, but doing so under pressure as she believes there are answers in the matter still to be given.

The Facebook post on 12 August at 1415 on the Knysna Daily Facebook page, highlighted a "Motion of No Confidence" in Knysna mayor Aubrey Tsengwa by Campbell, whom she accuses of making misrepresentations.

The lawyer's letter says the Facebook postings "are false and grossly defamatory". It says the postsinferred that their clients "are party to a corrupt relationship with Knysna Municipality and/or of its officials; and have acted unlawfully or unethically in the settlement of their rates dispute, and/or in concluding a lease agreement with the Knysna Municipality".

Campbell handed in her motion to the municipality on Monday 12 August calling for the removal of Tsengwa for his alleged role in the alleged rates dispute.

Campbell's motion referred to Tsengwa making "false and/or fraudulent misrepresentations" in that he "wrongfully and unlawfully, and without authority from council", made these misrepresentations.

Letters do the rounds

At the centre of the motion are letters allegedly written by Tsengwa to a director of GEI, the owners of the Knysna Mall, and another letter, allegedly from acting municipal manager Phaahle Simon Malepeng, which has been shared numerous times on social media.

The letters refer to the settlement of millions of rand due to the municipality by GEI. The debt has long been a bone of contention and involved extensive negotiations between the municipality and GEI. The company, also the municipality's new landlord at the mall, maintains it was billed incorrectly by the municipality.

The motion of no confidence in Tsengwa and his removal from office is to be voted on at the next special council meeting, on a date still to be determined.

Campbell said following this, the council should "proceed to elect an Executive Mayor in terms of the provisions of Section 55(2) of the Local Government: Municipal Structures Act 1998".

She said regardless of the outcome of the motion, "a complaint of breach of code of conduct" will be submitted against Tsengwa.

Council 'bypassed'

In her motion Campbell said Tsengwa failed to comply with a council resolution "in that he failed and/or refused" to report back to council on any decisions allegedly made by him and the previous municipal manager (Ombali Phineas Sebola) during the council recess in April and May 2024.

Sebola's appointment as municipal manager has since been terminated following a Western Cape High Court ruling that he did not qualify for the position.

Tsengwa "gave out and pretended that", in terms of a council resolution of 31 July 2023, he had been authorised by council to accept "a full and final settlement…" claimed Campbell.

Accusations 'defamatory'

Asked earlier for comment by Knysna Plett Herald, a statement from the directors of GEI said: "It is deeply concerning that defamatory and erroneous accusations are once again levelled against GEI and one of its three directors on social media.

"The selective publication by councillors of private correspondences, wholly out of context, without all relevant facts and wrong appreciation of the law in furtherance of political ends should be frowned upon.

"GEI is wrongfully collateral damage to ongoing politicking and maneuvering to remove yet another elected official. The consequential revolving doors of key municipal officials has caused and continues to cause terrible harm to Knysna and its reputation."

Malepeng responds

Malepeng said in a statement on Tuesday 13 August the municipality "acknowledges the recent inquiries regarding the status of a municipal account holder".

"We wish to clarify that the municipality does not comment on the specifics of individual accounts in the media. All municipal accounts are managed in strict accordance with our approved municipal policies, and we will continue to uphold our rights under these policies, including our credit control measures.

"Regarding the proposed motion against the mayor, we note that this motion is still to be tested in council. The municipality will not comment further on this matter at this time.

"We do, however, acknowledge the right of any councillor or political party to submit motions in accordance with the rules of council," said Malepeng.

DA supports motion

The DA's new caucus leader in Knysna, Ryan Smith, said the DA would support the motion of no confidence. "...it is in the best interests of Knysna and its residents".

"The reality is that even if the motion succeeds and the mayor is removed, the current council make-up is still too fractured for a stable coalition government to be formed.

"We will continue to meet and negotiate with all parties willing to serve Knysna and its residents," said Smith.

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