Local Government, Environmental Affairs and Development Planning
With reference to an article published on 16 February 2021 on IOL News titled “Beaufort West Municipality implicated in fraudulent contract handover”:
- Whether the Laingsburg Municipal Manager, whose name has been furnished to his Department for the purpose of his reply, disclosed the information in the article during his interview and/or application for the Laingsburg Municipal Manager position that he currently occupies or at any later stage; if not,
- whether he is legally required to have disclosed the information above in his interview and/or application for the position he currently occupies; if so, what are the relevant details;
- whether the allegations in the article violate any law; if so,
- to what extent;
- whether his Department has any plans to launch an investigation into this matter; if so,
- whether his Department will bear any and all legal costs connected therewith, including any and all legal costs that the Laingsburg Municipality would be required to finance; if so, what are the relevant details?
My role in the assessment of the appointment of Senior Managers is governed by the Regulations on Appointment and Conditions of Employment of Senior Managers (“the Appointment Regulations”). As required by Regulation 17 of the Appointment Regulations, the Municipality submitted a report on the recruitment and selection process leading up to the Municipal Manager’s appointment, to my Office. From this report I was not able to determine whether the person disclosed the information contained in the article during his interview.
(2) The application submitted by the person on 13 January 2020, in respect of the vacant Municipal Manager post advertised over the period 22 December 2019 to 17 January 2020 requires of him to have disclosed all information that would be relevant to the Municipality’s decision on his suitability for appointment. It further stipulates that any misrepresentation or failure to disclose any information may lead to an applicant’s disqualification or termination of their employment contract, if appointed.
(3) and (4) The allegations referred to in the article must be tested by way of the provision of the Regulations on Financial Misconduct Procedures and Criminal Proceedings, civil proceedings or criminal proceedings before it can definitively be found to have violated any law and to which extent.
(5) and (6) I have advised the Municipality that it will have to be determined if
the Municipal Manager had in any way misrepresented his suitability to be appointed as Municipal Manager at the Municipality during the recruitment and selection process. Should it be suspected that he did in fact misrepresent his suitability for appointment, thereby prejudicing the Municipality, such misrepresentation is to be treated as misconduct and only the Municipality is empowered to follow the provisions of the Disciplinary Regulations for Senior Managers in this respect.
