PLETTENBERG BAY NEWS - The ruling three-party coalition in the Bitou Council is to launch an investigation into the conduct of former ANC deputy mayor Sandiso Gcabayi regarding the approval of the municipality's 2021/22 budget. 

The Auditor General recently found the R884m budget to be unauthorised expenditure in its entirety. Allegedly, there have been contraventions of the Municipal Finance Management Act.

Mayor Dave Swart announced the investi-gation in a letter, "From the Mayor's Desk", on 7 March. It was the first indication that the DA/AUF/ PDC coalition is pursuing the consequences of the unauthorised expenditure and Swart stressed the fact that this occurred under the previous ANC government in Bitou, not the current ruling coalition. 

Swart pointed out that while the DA holds the mayoral position, decisions of the coalition are based on agreement among the three parties.

It is the first time since the coalition took over after the November 2021 local government elections that it is locking horns directly with the ANC opposition over a governance issue during its tenure.

'Incorrectly advised'

He said that Gcabayi, "presenting himself as the acting mayor, incorrectly advised the Minister of Local Government for the Western Cape in writing that the 2021/22 budget had been passed". 

The DA had informed the MEC that the budget had not passed and the Auditor General, during his recent annual audit of the Bitou Municipality, confirmed that the 2021/22 budget had not been passed and that all expenditure by Bitou Municipality for the 2021/22 financial year was thus, in fact, unauthorised expenditure.

He stressed that this was done in council by the then ruling ANC council before the local government elections in November 2021, not the current coalition that has served since then. Gcahayi is still a sitting councillor.

Investigation

Swart said that, to correct the AG's finding and regularise the unauthorised expenditure incurred during the 2021/22 financial year, the current council needed to record the AG's finding in a council meeting to determine a way forward. 

This was done on 31 January, where the conclusion was "that several provisions of the MFMA were transgressed by the then acting executive mayor, the then accounting officer and officials." 

He said that, in terms of Sections 32 (1) (a) and the provisions of the MFMA, the investigation into the reason for the unauthorised expenditure "is a process that will need to be followed".

Swart later explained the situation to KPH: "As with any pending investigation, the allegations need to be given to the accused in writing and, pending a written response, a decision will be made on whether to continue with the investigation. This is currently in process."

Misconceptions

In his letter, Swart also clarified various "misconceptions" that have been posted on social media relating to the expenditure that the Auditor General found to be unauthorised, particularly by the IPM, which has one proportional representative councillor.

The IPM posted a question on Facebook, "We as IPM can not sit by while corruption goes unpunished. We shall be taking action by submitting a Motion of Question to the Mayor. We need to know what has he done to ensure consequence management." 

Swart pointed out that this was not served in council as a motion of question and said the IPM's position was concerning, as they should be familiar with the facts, particularly because the IPM representative is chairperson of the Municipal Public Accounts Committee (MPAC).

"I have addressed this previously and it has been an item in council meetings and has been discussed in MPAC meetings," said Swart.

Another issue he addressed was public understanding of the matter. "It is also alarming to see that many of our residents blindly believe what is said and paint this current coalition council and municipality with the same brush as the previous ANC council, without even attempting to ascertain the facts that are easily obtainable in the council agendas and minutes on the Bitou Municipality website," he wrote.

"For the layman, unauthorised expenditure means that all the expenditure was not correctly authorised to be spent. It does not mean any corruption has taken place nor does it imply that any money has been stolen or squandered. (squander – waste money in a reckless and foolish manner)."

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