Cape Town - The Supreme Court of Appeal (SCA) has upheld an appeal by Local Government MEC Anton Bredell against the Matzikama Municipality, relating to allegations of abuse of power in the municipality.
The municipality had approached the Western Cape High Court on an urgent basis after Bredell appointed two people to investigate a raft of allegations relating to abuses of power, including the theft of municipal money.
“In September 2019, eight complaints concerning misconduct in the administration of the municipality were brought to the attention of the MEC.
“They included the alleged irregular appointment of certain individuals without having the requisite qualifications, the irregular appointment of two family members of the mayor, the alleged theft of municipal funds in the amount of R 320 000 (the theft allegation) and irregular payments made to a former ward councillor.
“The MEC took a decision on 21 September 2020, that six of those allegations to which the municipality had given an inadequate explanation should be investigated by the investigators.
“One of these complaints related to the theft allegation,” according the SCA judgment.
The municipality then launched an urgent application to interdict the implementation of the investigation.
“The MEC launched a counter application in which he sought an order that the municipality, and all those working for it, be directed to cooperate with the investigators,” read the court papers.
The high court granted Bredell a counter-application and dismissed the municipality’s application, except for one issue.
“The court held that the MEC had no power to refer the theft allegation for investigation.
“The only forms of criminal conduct he could refer for investigation in terms of s 106 were fraud and corruption.
“The MEC sought and was granted leave by the high court to appeal to the SCA against this finding,” the SCA noted.
The SCA found that Bredell did not act with an ulterior motive when he took the decision, and that the allegations were of a serious nature and that it could not be said that if found to be true, they did not constitute one or more of the forms of misconduct that may trigger an investigation.
“After the interlocutory issues had been dealt with, the key issue before the high court was whether the MEC had reason to believe that ‘maladministration, fraud, corruption or any other serious malpractice’ had occurred or were occurring in the municipality.
“The high court was satisfied that the MEC had carefully considered all the complaints with the information at his disposal.
“It also found that he had reason to believe that serious malpractice had occurred or was occurring when he made the decision to initiate the investigation.”
The SCA held that section 106(1) meant that not only the crimes of fraud and corruption could be investigated but that other crimes, such as theft, could also be.
Bredell’s spokesperson, Wouter Kriel said: “We are pleased with the outcome.
“The court sided with the Minister that he can assess and appoint investigators to investigate theft at municipalities.
“This is a win for clean governance and the Western Cape stance in fighting corruption and unlawful actions.”
The ANC was in office at the time the complaints were made. Yesterday it said it was still studying the judgment
Cape Times