Car perks decision to be appealed

“The perk had been (and amazingly still is) greatly abused by councils and the beneficiaries,” said Pattinson.

PLETTENBERG BAY - The Plettenberg Ratepayers Association (RA) is to appeal a Western Cape High Court judgment not to grant a review and set aside what they call the "unlawful decision to provide perk cars to elected office bearers".

The RA lodged the application in 2020, but the outcome went against them on 4 March this year.

The RA said its counsel had studied the judgement and have come to the conclusion that the judge erred on the facts and the law, and that an appeal has good prospects of success. "We are therefore lodging an appeal."

Chairperson of the RA Steve Pattinson said, "If the judgement remains unchallenged, the legal implication is that all municipalities, including Bitou, are effectively given licence to ignore the law and provide perk cars to political office bearers by relying on this judgement".

Until 3 April 2017, councils were permitted to provide perk cars to their political office bearers: mayor, deputy mayor and speaker, as an "allowance" or benefit.

At that date, the permission was withdrawn retrospectively to 1 July 2016 with the proviso that amounts spent between 1 July 2016 and 3 April 2017, although technically irregular, would be "forgiven", but that any expenditure thereafter would be irregular and reclaimable from the beneficiary.

"The perk had been (and amazingly still is) greatly abused by councils and the beneficiaries," said Pattinson.

"Our own town is no exception. In 2010 controversy raged when then mayor, Lulama Mvimbi, was provided with a top-of-therange BMW X5, said to be the second most expensive mayoral vehicle in the country.

"While it was hugely expensive and wasteful it was perfectly legal, if somewhat ethically and morally suspect."

After the 2016 election, the mayor at the time, Peter Lobese, refused to use the handme-down from his predecessor, Memory Booysen, because he believed it was the "home of spirits".

A replacement was acquired but soon wrecked by his driver.

As a substitute vehicle, he hired a Volvo C40, at a rental of nearly R60 000 a month.

The contract for such a large an amount is beyond the mayoral discretion and must go through the official tender process.

Pattinson said Lobese circumvented that by getting the hire company to charge at fortnightly intervals.

The change in law in 2017 was simply ignored by the Bitou council and Lobese continued to enjoy the perk of using a mayoral vehicle for the rest of his term.

In 2020, the RA lodged an application in the Cape High Court to review and set aside the "unlawful" decision to provide cars. Before the recent change in coalition leadership, three vehicles were purchased, one each for the mayor, deputy mayor and speaker.

The cost to ratepayers to provide perk cars across SA municipalities runs into millions of rands and is set to increase dramatically as the promise of cars becomes more established across coalition partners.

"We have instructed our legal team to apply for leave to appeal, preferably directly to the Supreme Court of Appeal," said Pattinson. "Our legal team consists of attorney Martin Hurwitz, while Advocate Martin Brassey (SC) and Adv Rod Howie will represent us in court."

He thanked the legal team for the "sterling job they have done so far."

The name of the judge who presided over this case is Judge Ajay Bhoochamp.