Case against councillor Gouws dismissed, says ACDP
In recent open municipal council meetings held, a few items dealt with the alleged breach of the code of conduct for councillors.
One of these was regarding the councillor for the ACDP, Jeanette Gouws, and her "conduct with various queries relating to a cancelled tender".
Gouws was set to have her hearing before the Code of Conduct Committee on 15 March, but according to a statement released by the ACDP on 16 March the case was dismissed and the councillor was not asked to plead.
The statement further mentioned that as the hearing was about to proceed, Advocate Gert van Niekerk and Attorney Danie Acker who represented Gouws, explained to the initiator acting for the municipality that there was no case.
"According to law the charges should be defined and not vague and broad. When the allegations were first made against the ACDP councillor, she asked, in her letter of reply, that the charges be stipulated as there was no specific charge to which she could reply," the statement read.
In an inquiry to the Mossel Bay Municipality, the Mossel Bay Advertiser asked whether the dismissal of the case could be confirmed and if so, the reason for it. The municipality said at this stage it could state that "during the open monthly council meeting held on 29 February, the item was referred to the Code of Conduct Committee for recommendation to council. The recommendations from the committee will be referred to an open council meeting for consideration."
In the item referred to it is stated that "in terms of Item 15 of the code of conduct the Speaker of a municipal council must, if on reasonable suspicion that a provision of the code has been breached, authorise an investigation, give the councillor a reasonable opportunity to reply in writing and report the matter to the municipal council."
Speaker's report
According to the Speaker's report it is alleged that Gouws' conduct was not in good faith and that she did not act in the best interest of the municipality and/or allegedly interfered in the management/administration of a department in the municipal council, without any mandate/authorisation from council; and/or encouraged or participated in conduct which would cause or contribute to maladministration in the council.
"The councillor made numerous queries to municipal official(s) in relation to a lifesaving contract/tender which was initially awarded and subsequently thereto, cancelled.
"The allegations were referred for an independent investigation into the incident pertaining to the alleged conduct and the following was, inter alia, concluded:
"That the councillor was at all relevant times aware, alternatively, had been made aware that the tender in relation to the lifesaving services was awarded and as such it became a contractual matter which must be processed/dealt with solely by the administration.
"That notwithstanding the above, the councillor persisted in her conduct by making further queries/ requesting further information regarding the cancellation of the contract/tender from the administration.
"That in addition to the above, the councillor copied the Auditor-General into correspondence regarding the matter."
The report went on to detail which specific items of the code of conduct she was allegedly in breach of.
Gouws replies
Gouws was then given the opportunity to respond to these allegations. Summarised, her letter stated the following:
She denies conducting herself in any manner that would be construed as a breach of the code of conduct for councillors
The queries were made in good faith in terms of her oversight responsibilities considering the Blue Flag status of the beaches in the municipal area.
Good faith was manifested in the internal queries and the motion submitted to council.
Good faith was manifested in the attempt to resolve the matter by including and addressing her concerns to the Speaker, the executive mayor, the municipal manager, the portfolio chairperson, the chief financial officer and the Auditor-General
The query was in the best interest of residents, council and the Mossel Bay Municipality
The queries were made to fulfil an oversight function and to ensure good governance
That she has the right, on behalf of her constituents, to ensure good governance and to take lawful actions to ensure the same.
She concludes that the allegations have no basis, they are unfounded and should be dismissed.