PLETTENBERG BAY NEWS - The DA in Bitou has cautioned that the current state of affairs within the municipality could have far-reaching implications for Plettenberg Bay residents and ratepayers.
This warning comes after a series of political issues surfaced in the town over the past two weeks, including criminal complaints laid with the Hawks against, among others, Bitou mayor Peter Lobese and a sudden successful vote of no confidence in the municipality’s deputy mayor and Speaker.
Criminal complaints
Just more than a week ago, the DA in Bitou laid criminal complaints against Lobese – who is also the party’s coalition partner – over alleged illegal “siphoning of money” from municipal accounts.
Shortly thereafter Lobese voted against his coalition agreement when he sided with the ANC to pass a vote of no confidence in two DA councillors – deputy mayor Jessica Kamkam and Speaker Annelise Olivier – during a special council meeting last week.
'Illegal meeting'
The DA has since claimed that the meeting was held illegally due to the absence of a legally appointed municipal manager.
The town's municipal manager position has been a point of contention for several months after Thabo Ndlovu was placed under precautionary suspension while a forensic investigation was being conducted into claims of maladministration and misconduct.
Acting municipal manager Johnny Douglas was subsequently appointed, but Lobese voted against extending his contract. Ndlovu was later reinstated but asked again to vacate the position. Gert Groenewald was also appointed, resigned shortly thereafter, but asked to resume duty as acting municipal manager on Friday 20 April.
This was allegedly done without council approval and therefore "illegal". The party claims that the subsequent special council meeting was also therefore illegal.
Declaratory court order sought
The DA has since applied for a court order declaring the meeting invalid. The matter is set to be heard in the Western Cape High Court on Tuesday 8 May 2018.
On Monday there was a scheduled council meeting, but DA caucus leader Bill Nel requested that it be postponed until 18 May, pending the court decision. He explained that should the court declare the special council meeting and the decisions made there illegal, any subsequent meeting would be seen as invalid as there would be no “valid” Speaker. This request was denied.
“We as the DA question the legitimacy of the composition of the council, which is currently being challenged in the Western Cape High Court,” Nel said.
Bitou constituency head Donald Grant. Photo: Supplied
Council decisions 'null and void'
He added that the court would likely rule that the special council meeting was illegal. “Therefore all resolutions and decisions would likely be deemed null and void.” This, he added, could have far-reaching implications for residents and ratepayers as all council decisions would therefore be deemed null and void.
The DA also recently lashed out against Lobese whose actions they believe “have made it impossible to provide service delivery”.
DA constituency head Donald Grant and Nel said in a statement that the DA and Active United Front (AUF) coalition had de facto been broken by the AUF.
“The final straw was when Lobese voted in an illegal council meeting on 24 April in support of a motion of no confidence in the DA speaker and the DA deputy mayor tabled by the ANC,” Grant said.
Coalition 'violation'
He added that this was a complete violation of the memorandum of understanding governing the coalition.
At the meeting, ANC councillor Euan Wildeman was elected Speaker, Lobese remained as mayor and ANC councillor Sandiso Gcabayi was elected deputy mayor.
“The meeting was illegal on a number of procedural grounds. This was made clear beforehand to Lobese and all the councillors who, nevertheless, proceeded with the meeting.”
Controversy since 2016
After the local government election in 2016, the DA won six seats with 49% of the votes, the ANC six seats with 41% and the AUF a single seat with 5%.
The AUF formed a coalition with the ANC to govern Bitou, with Lobese becoming the mayor.
In May 2017, Lobese left the ANC to form a new coalition with the DA and cited corruption in the ANC as his reason.
“Given his situation as kingmaker, he was given the executive mayorship again.”
Grant and Nel said the coalition memorandum of agreement between the DA and AUF stressed, among others, the importance of service delivery to all Bitou communities and the elimination of all corruption.
'DA was initially optimistic'
“Given Lobese’s reason for leaving the ANC, the DA was optimistic that these goals could be achieved.”
The two added that, in accordance with these goals, the DA initiated a forensic investigation into the affairs of Bitou.
“This investigation indicated serious illegal actions, wasteful and fruitless expenditure, corruption and fraud by the then municipal manager Ndlovu, senior heads of departments and officials in the mayor’s office.”
Ndlovu and the head of corporate services were suspended and disciplinary proceedings instituted against them.
Lobese voted with ANC
“On 31 March 2018, Lobese voted with the ANC to prevent the extension of the contract of the acting municipal manager Johnny Douglas, a highly regarded professional official deployed by the minister of local government in the Western Cape after the suspension of Ndlovu.”
Grant and Nel added that Lobese also voted with the ANC to stop the disciplinary proceedings against Ndlovu and to reinstate him.
“This was an illegal decision and the DA applied for a court order declaring it so and making the decision invalid. On advice from his lawyers, Lobese was obliged to remove Ndlovu from office and not oppose the court application.”
Bitou mayor 'capricious'
Grant said it had been a continuous problem for the DA working with Lobese “who habitually took unilateral decisions and actions without consultation with the DA, acted capriciously changing his mind on a whim and not abiding by decisions of the combined DA/AUF caucus”.
“The actions of Lobese and Ndlovu, together with the serious staff situation, have made it impossible to provide service delivery and many serious issues have been neglected.”
He said there were sufficient grounds for some time for the DA to break the coalition, but it was decided that it would be in the best interests of Bitou to remain in the coalition to prevent corruption where possible and be in the position to obtain all necessary information to bring the perpetrators of corruption to book.
Call for AUF to replace Lobese
“As a result of the forensic investigation, serious criminal complaints have been laid with the police against Lobese, senior officials and officials in the mayor’s office.
“It is now inevitable that the DA will return to opposition but will continue to fight against corruption and push for service delivery for the people of Bitou. Should the AUF leadership decide to replace Lobese and be willing to work constructively with the DA, the DA would once again be prepared to form a coalition with them.”
The AUF regional leadership has since lashed out against the DA, labelling the party a “racist organisation” that views “black Africans as corrupt and incompetent to run a smooth administration”.
AUF local structure chairperson Lindinceba Nkentsha said they knew Lobese rejected the DA’s position to dismiss or terminate contracts of senior black officials in Bitou and said the AUF believes the mayor and the senior officials were therefore targets as they “are too black to run Bitou government”.
He added that the timing of the complaint is also a concern as it came in the wake of “positive relations” between the ANC and the AUF “to make changes in Bitou”.
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