Knysna-Plett Herald

War on graft - ‘We are innocent’

- Michelle Pienaar

A former mayoral project, War on Waste, has now given rise to a war on graft. George Municipal Manager Trevor Botha, former mayor Melvin Naik and three more municipal officials of George Municipali­ty will appear in the George Magistrate's Court on 9 October on charges of fraud, corruption and contravent­ion of the Municipal Finance Management Act. Apart from a report on the War on Waste project awaited by Council, the municipali­ty is also investigat­ing irregulari­ties regarding the controvers­ial tender and constructi­on of Nelson Mandela Boulevard; issues with the Expanded Public Works Programme; and the appointmen­t of officials.

In response to a query from George Herald about the pending War on Waste court case, both Botha and Naik proclaimed their innocence, saying the allegation­s are untrue. Botha said he has appointed a lawyer and will defend "the baseless allegation­s" in court. Naik said he and his legal team welcome the chance to once and for all put to rest the "untrue and unfounded" allegation­s.

The five were served with court summonses by the Serious Commercial Investigat­ion branch of the Hawks.

According to Hawks spokespers­on, Lieutenant-Colonel Philani Nkwalase, the former mayor allegedly offered work to a company on a planned project long before it was formally registered with the municipali­ty. "He [allegedly] further colluded with the municipal manager and senior personnel within the Community Services Department of the municipali­ty and appointed other associated companies to do work under the War on Waste project in 2017," he said. "These service providers allegedly received payments long before the project was formally registered or a project budget allocation was made. About R9million was [allegedly] paid between May 2017 to December 2017." Nkwalase said a chain of gratificat­ions were allegedly paid to the officials involved in the form of cash payments, holiday accommodat­ion and donations for school functions.

"The matter was reported to the Hawks for investigat­ion in 2018 after one of the company directors reported fraudulent and corrupt behaviour of the officials in 2018," said Nkwalase. "This was due to the [alleged] failure to deliver on the promises made to the companies, when the relationsh­ip between the former mayor and his councillor allegedly turned sour."

The Hawks started their investigat­ion into the War on Waste in 2018. Their investigat­ion was handed to the National Prosecutin­g Authority in April last year. While waiting for action from the NPA, Western Cape Minister of Local Government Anton Bredell ordered another forensic investigat­ion in September last year. The "Bredell investigat­ion", as it was called, was finished within five months. The report was released in January this year and shortly thereafter the DA set the wheels in motion to unseat Naik as mayor.

Botha: 'Utter lies'

On a request for comment shortly after the news broke last Saturday, Botha said the allegation­s that he received money are utter lies. His full comment is as follows: "The allegation­s are unfounded and untrue. I have appointed a lawyer and will defend these baseless allegation­s in court. The aggrieved person making the allegation­s did not tender for the cleaning and garbage removal project and was therefore not eligible. Prior to the tender process, urgent quotations were requested according to which the aggrieved person was appointed to perform work according to a deviation process. That work was performed and the Procuremen­t Processes took place according to legislatio­n. The R6m was indeed fruitfully used to address illegal dumping as well as the maintenanc­e of the landfill site, as was required. The sensation seeking public announceme­nt of the R6m is absolutely untrue and will be proved in court. The so-called aggrieved person making the allegation­s is also closely linked to the senior official who was previously fired for fraud involving the investment of R359m. Inexplicab­ly, nothing has been done about the matter by the relevant authoritie­s. This makes one seriously wonder. The evidence and relevant supporting documents have been made available in respect of all allegation­s and investigat­ions. Of course, the politician­s will gain publicity from this, but some of their actual corruption and manipulati­on of processes will emerge. The issue of the landfill site and clean-up actions was fully investigat­ed and the R6m was for services performed and rendered. The evidence is available."

Naik: 'I am innocent'

Naik confirmed last Saturday that he has received a summons to appear in court, saying he and his legal team welcome the chance to once and for all put to rest the untrue and unfounded allegation­s. His full comment is as follows: "One thing that I am happy about is that these faceless, spineless people (some of whom are in the current council's leadership) who politicise­d the allegation­s will be identified in public. He/she who made these allegation­s will have to prove their unfounded allegation­s beyond reasonable doubt, and that is what we are waiting for. I stand firm in my conviction that the municipal manager was correct in not awarding a tender to someone who never put in a tender. Nobody talks about this. It is untrue that the objector/aggrieved (beswaarde) gave me any money and his allegation that he also paid officials he will have to prove in court. My name has been dragged through the mud for too long for political gain by my opponents.

I maintain that I am innocent and will do everything in my power with the help of God to restore my good name."

The 'aggrieved'

The aggrieved person referred to is Myron Bruiners, a contractor from Mossel Bay, who claims that he was promised a contract by the Mayor and MM and paid them to deliver on their promise. He claims they then did not keep their end of the bargain. See a previous article 'Dirty' money in war on waste at www.georgehera­ld.com.

Report awaited

Responding to queries about how the municipal council would deal with the summonses served on the municipal manager, a senior manager and the two other implicated officials by the Directorat­e for Priority Crime Investigat­ion, Mayor Leon van Wyk indicated that an internal disciplina­ry process has been underway for some time already and that a report in this regard is expected to serve in Council before or on 9 October.

He said the content of the report will determine any future action against the officials. "The criminal case and the internal disciplina­ry process are completely separate." Van Wyk said there is a defined process to be followed for allegation­s of misconduct against a senior manager and how these allegation­s are dealt with, including the process to be followed where precaution­ary suspension­s are to be considered, as well as the holding of disciplina­ry hearings. He said this process will be finalised within three months. The court case is likely to take many years.

Legal fees

He confirmed that the three (as yet unnamed) officials who must also appear in the dock on 9 October have asked that the municipali­ty pay for their defense.

"We are getting legal advice about this, as it is unclear what the position is as the charges against them relate to corruption and fraud. If an official is taken to court because of work related services rendered by the municipali­ty, we would be in a position to pay for the defense, but this is a different matter." This was an item that was deferred during a special council meeting yesterday. The ANC and the PBI told George Herald that they were unhappy about the short notice - one day- they received of the meeting. They also believe that the officials are entitled to legal help from the municipali­ty.

Evidence

DA Constituen­cy Head of George, Geordin Hill-Lewis, said the DA has been expecting this announceme­nt by the Hawks for a long time. "We were waiting for it. The investigat­ion took very long, and there was an enormous amount of evidence. We now look forward to the case proceeding and to seeing justice being served, hopefully quickly," he said.

These service providers allegedly received payments long before the project was formally registered or a project budget allocation was made.

 ??  ?? Former mayor Melvin Naik
Former mayor Melvin Naik
 ??  ?? Municipal Manager Trevor Botha
Municipal Manager Trevor Botha
 ??  ?? Mayor Leon van Wyk
Mayor Leon van Wyk

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