Local Government, Environmental Affairs and Development Planning

Question by: 
Hon Richard Dyantyi
Answered by: 
Hon Anton Bredell
Question Number: 
21
Question Body: 

With reference to a report by Graham Paulse about corruption and invalid appointments at municipalities in the Western Cape:

  1. Whether these allegations have been brought to his attention; if so, what steps have been taken to investigate and address the issues at all the affected municipalities;
  1. what are the details of all senior management appointments at municipalities in the Western Cape since 2016, including their qualifications, experience and the positions occupied?
Answer Body: 
    1. Yes. The following steps were taken in respect of each of the municipalities

1. George Municipality

My Department of Local Government requested the Provincial Forensic Services (PFS) to scope the allegations of, amongst others, corruption and maladministration at George Municipality. The outcome of the scoping exercise indicated prima facie evidence of fraud, corruption and maladministration. After being briefed on these findings, I instructed that the evidence be made available to the HAWKS for investigation. Premise on the evidence the HAWKS conducted a search and seizure operation at the premises of the George Municipality and private homes. The HAWKS together with the PFS is currently investigating the matter. I am in the process of implementing section 106 of the Municipal Systems Act, 32 of 2000, in the Municipality.

  1. Bitou Municipality

As per a Council resolution, a forensic investigation in respect of section 57 managers and procurement related matters was initiated at the Municipality, during which further prima facie evidence surfaced which was outside the scope of the initial investigation. I am consequently in the process of implementing a section 106 (1)(b) of the Local Government: Municipal Systems Act read with sec 7 of the WC Monitoring and support of Municipalities Act, process. I will therefore designate one or more independent persons to investigate the allegations of maladministration, corruption, fraud, and other serious malpractice in the Municipality.

  1. Kannaland Municipality

The Provincial Forensic Services (PFS) was requested to conduct a forensic investigation into several concerns identified by the Kannaland Municipality, with the aim of assisting my Department in its endeavours to strengthen and support the Municipality in terms of section 154 of the Constitution. This investigation was conducted subsequent to an intergovernmental agreement entered into between the Municipality, the PFS and my Department. The forensic investigation has since been concluded and the final report was handed over to the HAWKS in November 2017, for further investigation. While the HAWKS are concluding their investigation they have handed certain cases over to the Directorate: Public Prosecution for prosecution.

  1. Oudtshoorn Municipality

My Department received a request from the Municipality to investigate certain allegations relating to tender irregularities at the Municipality. The Provincial Forensic Services (PFS) was requested to scope the allegations of tender irregularities. The outcome of the scoping exercise recommended that my Department and the Municipality report the preliminary findings to the HAWKS for further investigation. The HAWKS is currently investigating the matter.

  1. Beaufort West Municipality

The Provincial Forensic Services (PFS) was requested to conduct a forensic investigation into several concerns identified by the Beaufort West Municipality, with the aim of assisting my Department in its endeavours to strengthen and support the Municipality in terms of section 154 of the Constitution. This investigation was conducted subsequent to an intergovernmental agreement entered into between the Municipality, my Department and a service provider. The forensic investigation has since been concluded and the final report was handed over to the HAWKS in February 2018, for further investigation. The Municipal Manager filed an A1 Affidavit and a case was registered at the Beaufort West Police station.

  1. Cederberg Municipality

My Department received a request from a whistle blower to investigate certain concerns relating to allegations of misappropriation of drought grant funding at the Municipality. The investigation was conducted by the Directorate Municipal Infrastructure and has since been concluded and the final report indicate that no transgressions were found.

  1. Theewaterskloof Municipality

My Department received a request from a whistle blower to investigate certain concerns relating to allegations of tender irregularities at Theewaterskloof Municipality. The PFS was requested to scope the allegations of tender irregularities. The outcome of the scoping exercise suggest that these allegations do not warrant a forensic investigation, as there is no indication that these allegations allude to any fraud, theft or corruption. The matter was referred to Provincial Treasury (PT) to provide support to the Municipality with Supply Chain Management regulations and prescripts.

  1. Langeberg Municipality

My epartment received a request from a whistle blower to investigate certain concerns relating to allegations of the validity of the conditions of sale agreement, pertaining to a public auction in respect of a portion of an erf and that Langeberg Municipality allegedly breached certain sections of the Constitution, Promotion of Access to Information, Act 2 of 2000 and the Promotion of Administrative Justice, Act 3 of 2000. This matter was referred to the Department of the Premier for further investigation.

The resolutions of these matters remain incomplete until the criminal issues and or cases have been considered by the South African Police Services (SAPS) and or National Prosecuting Authority (NPA). In order to provide for the rights of implicated individuals and the protection of personal information, confidentiality must be maintained until all processes have been completed.

    1. I have, in my capacity as Minister responsible for local government, received and considered 82 appointments of municipal managers and managers directly accountable to municipal managers for the period in question. Of the 82, I have supported 70. 7 was found to be non-compliant with the prevailing legislation and based on the merits of each case, appropriate steps were taken to address these appointments. 5 of the appointments are currently still under consideration.

          The requested information related to the senior management appointments is captured in the attached spreadsheet.

Date: 
Saturday, June 9, 2018
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