Local Government, Environmental Affairs and Development Planning
With reference to the appointment of a certain person, whose name has been furnished to his Department for the purpose of his reply, as Municipal Manager of the Knysna Municipality:
(1) When was this person appointed as Municipal Manager by the municipal council;
(2) whether the municipal council informed him of the appointment as required in terms of section 54A(7)(a) of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000); if so, when was he informed;
(3) what was this person date of commencement of employment;
(4) with reference to a report by attorneys De Swardt Vogel Myambo that found that the Municipal Manager’s contract of employment was intentionally and fraudulently backdated, (a) when did he first become aware of the allegation of a fraudulent employment contract and (b) when did he become aware of the report prepared by the attorneys;
(5) whether he or the Municipality submitted a criminal complaint against the Municipal Manager for the fraud perpetrated in relation to the employment contract, as recommended by the attorneys; if not, why not; if so, (a) when was this done and (b) what is the case number;
(6) whether he or the Municipality submitted a criminal complaint against the former Executive Mayor, whose name has been furnished to his Department for the purpose of his reply, for the fraud perpetrated in relation to the employment contract, as recommended by the attorneys; if not, why not; if so, (a) when was this done and (b) what is the case number;
(7) according to the attorneys’ report, the Knysna Municipality paid R85 595,25 from municipal funds for legal services to the former Executive Mayor, which were of a personal nature, and that such expenditure was irregular and/or unauthorised; whether this irregular and/or unauthorised expenditure has been recovered from the former Executive Mayor, the Municipal Manager and/or the Manager: Legal Services, as recommended; if not, (a) why not and (b) what steps have been taken to recover these costs; if so, (a) what amount has been recovered and (b) when?
3.1 The Knysna Municipal Council on 20 June 2017 resolved to appoint the former
Municipal Manager.
2. As was required by the Municipal Systems Act, 32 of 2000 and the Regulations on the Appointment and Conditions of Employment [GNR. 21 published under GG.37245, dated 17 January 2014] the Municipality on 21 June 2017 submitted a report on the appointment of the former Municipal Manager to my Office. The Appointment Regulations require of my Office to assess the recruitment, selection and appointment of a successful candidate in a Senior Manager position at a Municipality in the Western Cape.
3. The employment contract of the former Municipal Manager reflects 1 July 2017, as the employment commencement date.
4. (a) I first became aware of the allegations in September 2018.
(b) I first became aware of the report prepared by De Swardt Vogel Myambo Attorneys in September 2018.
5. The Municipality reported to my Department that: -
(a) The criminal complaint was laid against the former Municipal Manager by the then Executive Mayor Mr Mark Willemse, during the latter half of 2017; and
(b) it would have to be make enquiries with the South African Police Service (SAPS) in Knysna to obtain the case number.
6. The Municipality reported to my Department that: -
(a) The criminal complaint was laid against the former Executive Mayor by the then Executive Mayor Mr Mark Willemse, during the latter half of 2017; and
(b) it would have to be make enquiries with the South African Police Service (SAPS) in Knysna to obtain the case number.
7. The Municipality reported that no expenditure has been recovered as: -
(a) The matter has been tabled before the Municipal Public Accounts Committee (MPAC); and
(b) an agenda item and MPAC recommendations thereon have been prepared for consideration by Council, where after the outcome will be known.
