2 TOP STELLIES APPOINTMENTS IRREGULAR -MKHWEBANE
PUBLIC Protector Busisiwe Mkhwebane has issued a scathing report against the DA-led Stellenbosch Municipality, finding that it irregularly appointed director of strategic and corporate services Annalene de Beer in 2017 and chief financial officer Kevin Carolus in 2019.
This followed a complaint lodged with the Office of the Public Protector in 2019 relating to alleged improper conduct in the municipality.
De Beer is alleged to have been awarded a 10-year contract despite the council-approved position being a fiveyear contract.
De Beer had allegedly written a letter to the then-acting municipal manager, Richard Bosman, requesting the waiver of the upper limits of the remuneration of the post, as well as a 10-year contract.
Carolus was allegedly awarded a permanent contract a month after he was officially appointed on a 10-year term by a council resolution.
“The period of 30 days within which the council resolved the successful candidate for the position of director: strategic and corporate services had to accept the offer or enter into a final contract, failing which the post had to be re-advertised, had long expired by the time that the council rescinded that decision.
“As the post had to be re-advertised, the municipal manager had no authority to enter into a written contract of employment with advocate De Beer on April 29, 2017. Advocate De Beer’s appointment was therefore irregular as it was at variance with the provisions of section 56 of the Municipal Systems Act as amended.
“In addition, the resolution of the council to change the conditions of service for the position of CFO from a 10-year contract to a permanent position after an offer had been made to Mr Carolus was improper. It prejudiced other prospective candidates that would have applied had they known that the period of tenure was flexible and could be changed even to a permanent appointment,” said Mkhwebane.
She recommended that the municipal manager report the irregular appointments to the Western Cape Provincial Treasury for a determination on whether or not the remuneration paid to De Beer and Carolus constitutes irregular expenditure.
Mkhwebane also recommended that the municipal manager ensure that the Internal Audit Unit, on an annual basis, continue to review the adequacy and effectiveness of the municipality’s system of internal control, risk management and compliance to laws, regulations and municipal policies and procedures; and ensure that the Audit Committee of the Municipality, in all its quarterly meetings, consider the internal audit and Auditor-General South Africa reports to ensure that the recommendations are implemented.
She also directed the speaker and municipal manager to ensure compliance in terms of the Municipal Finance Management Act (MFMA), conduct a skills audit with regards to all councillors and officials of the
municipality involved in the recruitment and selection of staff to ensure that they are properly and appropriately trained to ensure compliance with the relevant provisions of the Constitution, the Municipal Systems Act, the Regulations and the Recruitment and Selection Policy of the Municipality within 120 working days from the date of the report.”
“The Speaker and Municipal Manager must ensure that the Council obtains legal advice from the Office of the State Law Adviser instead of private legal counsel in all cases where it considers changing the conditions of service or the tenure of any employee appointed by it or to be appointed by it.”
Stellenbosch municipality spokesperson Stuart Grobbelaar said: “The municipality is taken aback by the public protector’s report, given that we provided extensive responses to which we have not received any feedback. These baseless complaints were lodged with the public protector by an aggrieved ex-councillor. We have studied the public protector’s report and reject its findings.”
De Beer said: “Myself and the Municipality provided extensive inputs on the allegations made. I have not received any feedback from the Public Protector.
“The findings are not based on facts or the law. There is no provision in law that prevents the municipality from appointing a Section 56 manager on a contract up to that manager turning 65. My contract is within these provisions. Council did not approve a 5-year contract. I reject any findings that my appointment or contract was irregular or illegal,” she said.While Bosman did not respond to questions by deadline, Carolus said: “It should be noted I have a valid contract of employment with the municipality with vested rights.I reject any notion my contract is illegal.”