BITOU NEWS - The Western Cape government stood its ground when criticised by Good Party's Brett Heron after serious allegations of bribery concerning top officials in the Qolweni housing project came to light.

In his statement Herron, Good Party secretary-general and member of the Western Cape provincial parliament, revealed that a recent Western Cape High Court application contained claims that several top Bitou officials demanded bribes for contracts involving the contentious Qolweni housing project. 

Herron criticised, among others, Department of Human Settlements MEC Tertuis Simmers and Local Government MEC Anton Bredell for not taking action after the alleged corruption was brought to their attention.

According to Herron, Simmers' department is tasked with funding the project, while Bredell's is responsible for ensuring municipalities in the province operate without fraud, corruption or maladministration. 

He believes that after being alerted to the court application, the MECs had an obligation to intervene urgently. He said that Bredell was also in possession of forensic reports commissioned in terms of Section 106 of the Municipal Systems Act.

"Bredell should have already commenced proceedings to place the town under proper administration, while Simmers should have already intervened to stop funds from lining the pockets of looters. But instead of decisive action, once again, in the Garden Route District, the politics of power and political party interests are placed before the interests of the people and good governance," Herron said.

In a joint statement Simmers and Bredell hit back at the allegations.

Simmers said his department had consistently offered to assist the Bitou Municipality with the Qolweni project and now that it had been handed over, positive and steady progress was being made. "The funding resides with the Western Cape Department of Human Settlements, and will be utilised for this project, as our purpose is to improve the lives of the deserving and qualifying beneficiaries in Qolweni," Simmers said.

Bredell's office said it has done everything it could within the ambit of the law to ensure good governance in Bitou, citing the designation of independent investigators to look into allegations at the municipality in respect of an unrelated matter. The forensic investigation report was tabled before the municipal council.

"The municipality has appointed an attorney's firm which developed a process plan for responding to the provincial investigation report issued and is attending to the findings and recommendations recorded in the report. Covid-19 has resulted in this process being delayed. It should be noted that it is the municipal council, which the Constitution has mandated to deal with the findings of the forensic investigation report. A copy of the investigation report was handed over to the Hawks to inform their criminal investigation," the joint statement read.

MEC for Local Government Anton Bredell

The statement further referred to the regulatory framework that applies to provincial interventions in municipalities. 

"Section 139 of the Constitution does not contemplate any functionary other than the provincial executive being empowered to take a decision to intervene in a municipality. As such, neither the Premier of the Western Cape, nor Bredell [as the MEC] responsible for local government, is empowered to take such a decision. 

This is a decision that may only be taken by the provincial executive. Given the constitutional obligations on the Western Cape Government to (i) monitor and support municipalities in the Western Cape; (ii) respect the autonomy of these municipalities to manage their own affairs; and (iii) work cooperatively with municipalities, any provincial intervention that is to be undertaken by the provincial executive in a municipality will only be undertaken after consulting that municipality, conducting a proper due diligence exercise and ensuring that there is a legal basis on which to justify such intervention."

Bredell brought an application, seeking to review and set aside the appointment of current municipal manager Lonwabo Ngoqo and former mayor Peter Lobese, who are implicated in the recent allegations. 

The Labour Court set aside the appointment, and an appeal by the council to the Labour Appeal Court was dismissed. The municipality and the municipal manager have subsequently applied to the Constitutional Court for leave to appeal, which is being opposed by Bredell.

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