Knysna muni given deadline to answer DA on appointments
KNYSNA - Acting Municipal Manager Johannes Jonkers has been given until Monday 17 October by the DA to reverse seven political appointments in the municipality, or be held personally liable for a cost order. A seventh position being questioned (previously unknown to KPH), that of political adviser in the mayor's office, was revealed in the lawyer's letter. (More about this in next week's paper.)
In an 11-page lawyer's letter to Jonkers, sent on Tuesday 11 October, the DA acted on its promise of legal action concerning the creation of various support staff roles to political office bearers on 16 September by the new ANC coalition government. The DA has threatened to take the matter to the High Court “for appropriate relief”.
In response to questions put to Jonkers by
KPH about whether contracts have been signed and letters of appointment issued for the new appointees, municipal spokesperson Christopher Bezuidenhoudt said, “The status quo remains. No changes at this stage”.
Legal action
Dr Dion George, DA Shadow Minister of Finance and political head in Knysna, released the letter from attorneys Minde
Schapiro & Smith to KPH on Tuesday. If the acting municipal manager fails to take these steps, the letter says, “then the DA reserves the right to approach the High Court for appropriate relief. The relief could include personal orders, like costs orders, against the acting municipal manager and office bearers involved in the above illegalities.” The DA's legal letter said the posts were “created and filled unconstitutionally” and made other allegations as well. “Council created the posts without the necessary consultation, and without any consideration for whether the posts were necessary or affordable. “These posts were promptly filled, without advertising the vacancies, shortlisting and interviewing candidates, and following recruitment legal processes. In one case, the executive mayor has hired an individual for whom no approved post exists. The process adopted by the municipality flagrantly ignores the prescripts of the Local Government: Municipal Staff Regulations,” the letter says.
Minister Bredell called on
In the meantime both the DA and ActionSA have written to Western Cape Local Government Minister Anton Bredell calling for an investigation in terms of Section 106* of the Municipal Systems Act.
George told KPH that apart from writing to Bredell, the DA has also launched a bid in terms of the Promotion to Access to Information Act (Popia) to secure copies of contracts and establish when they were signed.
Michelle Wasserman, executive committee member of ActionSA in the Western Cape, said in a media statement the party has written to Bredell requesting a Section 106 investigation into suspected maladministration taking place in the Knysna Municipality. In her letter to Bredell, she said, “there are four matters that have recently occurred at Knysna Municipality which appear to be unlawful and therefore fall squarely within the parameters of Section 106.”
These are the appointment of staff in the office of political office bearers; the appointment of an acting director corporate services; the payment of R90 000 for accommodation for the acting CFO; and the payment of legal fees for ex-councillors.
An ActionSA media statement claimed that the new ANCled council “unlawfully created six new positions” in the office of political bearers.
“These positions will together cost the Knysna ratepayers between R2,408m and R3,126m per year,” the statement claimed. "This brazen cadre deployment in South African government is one of the greatest obstacles to overcoming the legacy of the past.”
'A coalition of corruption'
George also confirmed that his request for the Section 106 investigation has been handed to the legal department of the WC Department of Local Government. “The coalition of corruption in Knysna is divvying up positions and it is blatantly clear that positions are going to close relatives... What is happening in Knysna is now happening elsewhere in SA. It is clear and transparent and council didn't even try and hide it because they thought they could get away with it.”
He further questioned the appointments. “Are the positions permanent or temporary? Even if they are temporary, a process has to be followed. And if they are temporary, the deployed cadres will be paid from the budget meant for temporary staff - the unemployed youth,” said George.
*Section 106 requires an MEC to investigate if the MEC has reason to believe that maladministration, fraud, corruption or any other serious malpractice has occurred or is occurring in that province.