GEORGE NEWS - Political interference in the appointment of the Touwsranten area coordinator more than three years ago, plays the role of the silent partner in a report by the Public Protector, Thuli Madonsela.
Madonsela's office released their findings last Thursday, in a report titled "Out of the Blue", stating that the appointment of Patrick Buys as the Touwsranten area coordinator was "a breach of the municipal appointment policy".
The report also refers to an allegation of political interference by the mayor's office. "Although there was no evidence of interference from the Mayor's office, the manner of the appointment lent itself to an investigation into the nature of the relationship that existed between [Buys] and the various people involved in his appointment," reads her report.
According to Vaas, the appointment of Buys has a definite political flavour.
"I laid a complaint with the Public Protector who then asked us to first meet to come to an agreement and at that meeting in 2012 Trevor Botha, Municipal Manager, told me he was under pressure to appoint Buys." Botha has categorically denied ever saying this at their meeting.
The two could not reach an agreement and Vaas and the Protector continued their investigation of nearly three years issuing their report last Thursday.
According to Botha, the finding that the temporary appointment of Buys was illegal is incorrect. "The renewal of the temporary appointment of Buys will be discussed in Council. The vacancy was advertised recently, where after an appointment will be made."
Botha emphasised the importance of the appointment's temporary nature, due to the restructuring of the Municipality’s staff establishment. "The Public Protector’s local office was informed of this fact and that a comprehensive recruitment and selection process will be followed when the position is permanently filled, after completion of the Municipality’s restructuring process," said Botha.
"Due to the fact that the position was temporary, Buys was appointed on a salary of approximately sixty percent (60%) of the salary for a T12 incumbent."
In her report Madonsela suggests that Council "consider taking disciplinary action against the Municipal Manager for failure to adhere to the prescribed George Municipality Appointment Policy in the appointment of the Area Coordinator in Touwsranten".
It was alleged that the post was not advertised, selection and interview processes were not followed, the person appointed did not meet the requirements of the post, and that there was political interference.
Buys's appointment was made on a temporary contractual basis for a six-month period which started in September 2011 and was indefinitely extended on a month-to-month basis. According to Buys, who says he finished gr.9, he never lied about his credentials when he applied for the position.
George Mayor Charles Standers confirmed that the report will serve as an item before Council, after which Council will send a report (within 30 days) to the Public Protector. "It wouldn't necessarily serve on the first meeting (28 January 2015). It is practice to discuss the annual report at the first Council Meeting. The decision will be made at the discretion of the speaker," said Standers. He dismisses allegations of political pressure from his office.
"There is a fine line between political guidance and political pressure," he said. "We will investigate if the municipal policy was correctly applied, and base our decision on that finding," said Standers. Should Council's findings match Madonsela's, and Botha is found guilty of maladministration, he can face anything from a written warning or a fee to dismissal of his duties as Municipal Manager, said Standers.
On a point of interest, questions regarding Buys's appointment was raised by ANC Councillor Piet van der Hoven at a Council Meeting in February 2013. Council's answers confirm that the Mayor (Standers) was aware of Madonsela's investigation. They also confirmed that the Area Coordinators are funded from the budget of Client Services in the Directorate: Corporate and Social Services. Van der Hoven submitted another question to Council on Monday, for next year's meeting on 28 January, asking if the Municipal Manager have to take the fall for the political interference by the Executive Mayor and the Speaker in the Administration regarding the appointment of the staff at the George Municipality?
In a letter to the George Herald, a former Chairman of the Wilderness Ratepayers & Residents Association, Graham Sell, compares Madonsela's instruction to Council, to institute disciplinary procedures, to "asking the fox to determine the future of the chicken". "This episode also brings into question what we pay Internal Auditors for, and the value of a so-called 'Clean Audit' that does not pick up on maladministration," said Sell.
Madonsela se kantoor het haar bevindinge verlede Vrydag bekendgemaak, in 'n verslag met die titel "Out of the Blue". Daarin maak sy die aantuiging dat Patrick Buys se aanstelling as area-koördineerder van Touwsranten "'n oortreding is van die munisipale aanstellingsbeleid". Die verslag verwys ook na beweerde politieke inmenging deur die burgemeesterskantoor. Hierdie bewering word deur George-burgemeester, Charles Standers, ontken.
Buys is in 2011 aangestel, kort na die munisipale verkiesings, waarin hy vir die DA in Touwsranten stemme gewerf het. Volgens Vaas, 'n ANC-ondersteuner, het hy ook vir die posisie in 2010 aansoek gedoen, maar is hy later meegedeel dat die pos gevries is as gevolg van 'n tekort aan fondse.
"In September 2011 is Buys aangestel sonder dat die pos weer geadverteer is," het Vaas gesê. Vaas het 'n klag by die Openbare Beskermer gelê, wat voorgestel het dat Vaas en die munisipale bestuurder, Trevor Botha, ontmoet om tot 'n vergelyk te kom. Volgens Vaas het Botha tydens daardie ontmoeting aan hom gesê dat hy onder druk was om Buys aan te stel. Botha ontken dat hy dit tydens die ontmoeting gesê het. Die twee kon nie tot 'n vergelyk kom nie en Vaas en Madonsela het hul ondersoek voortgesit. Dit is verlede Donderdag uitgereik. In haar verslag stel Madonsela voor dat die raad dit moet oorweeg om disiplinêre stappe teen die munisipale bestuurder (Botha) te neem, omdat hy "daarin misluk het om George-munisipaliteit se beleid vir indiensneming te volg". Volgens Botha is die bevinding verkeerd dat Buys se aanstelling onwettig is. Hy voer aan die die munisipaliteit besig was met herstrukturering en dat Buys se salaris dienoorkeenkomstig is met sy tydelike aanstelling. Botha het bevestig dat die pos wel onlangs geadverteer is, waarna 'n aanstelling gemaak sal word.
Die saak sal voor die einde van Februarie as 'n item voor die raad dien. Die raad sal hul bevindinge daarna binne 30 dae aan Madonsela stuur.
Public Protector Thuli Madonsela
Patrick Buys (second from the right), area coordinator of Touwsranten.
Mayor Charles Standers. It was alleged there was political interference by the Mayor's Office, but Madonsela could not find evidence to this effect. She did, however recommended an investigation into the nature of the relationship that existed between Buys and the people involved in his appointment.
Jakobus Vaas shows the report "Out of the Blue" that was released last Thursday by the Public Protector, Thuli Madonsela. Foto: Michelle Pienaar
ARTICLE: MICHELLE PIENAAR, GEORGE HERALD JOURNALIST
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