GEORGE NEWS - George Councillor Raybin Figland is facing a disciplinary process for allegedly providing two contradictory versions of the sexting events between him and a school learner in 2021.
On Friday 27 June, the George Council approved a recommendation that disciplinary action be taken against the former deputy mayor following the tabling of a third report on the matter, by Nash Vandayar and Associates, which draws the conclusion that there are 'clear and material contradictions' between Figland's versions in two earlier reports.
These are a report by Schröter Attorneys, dated 31 January 2024, and a second by the Federal Legal Commission (FLC) of the DA, dated 20 February 2024. According to the recent Vandayar report, "Both of the versions presented by Cllr Figland to the respective investigating bodies, one a total denial and the other qualified admissions, cannot both be true."
The Vandayar report states that in the Schröter report, "Cllr Figland was willing to testify under oath that the messages were not his, and that he did not have a sexting relationship with a schoolgirl. He accordingly denied the allegations in totality. Schröter's report included that there is a lack of reliable evidence [and] therefore recommended that no disciplinary hearing be held."
According to the Vandayar report, in the Federal Legal Commission report, Figland admits that he knows the complainant and that the WhatsApp messages were exchanges between himself and the girl. He also admits that his wife and the girl's father found out about the messages and photos exchanged.
The Vandayar report concludes that such behaviour may constitute a deliberate attempt to mislead and a breach of the Code of Conduct for Councillors. It could justify disciplinary consequences in terms of Clause 15 of the code.
The DA suspended Figland from party activities between March and November 2024, while the investigations were ongoing. After the lifting of his suspension, the DA said the schoolgirl involved was over the age of 18 at the time of the alleged events, which ruled out allegations of criminal liability. Their national spokesperson, Willie Aucamp, had told George Herald journalist Michelle Pienaar that the girl refused to testify, and without her evidence, it was impossible for the panel to convict Figland.
In early December, Figland resigned as deputy mayor just before Council was to debate a motion of no confidence submitted by Good.
On Tuesday, Figland said he did not want to comment on the Vandayar report. "It is a process that is prescribed by legislation and the process must take its course," he said.
A committee of councillors was appointed at Friday's meeting to handle the investigation. The outcome will be reported to the Western Cape Local Government MEC, Anton Bredell.
The recommendation in Council came as a result of a complaint submitted by the FF Plus' Cllr Gert van Niekerk in November 2024 about the conflicting Schröter and FLC reports.
Van Niekerk said he found it strange that the disciplinary investigation approved on Friday was only into Figland's alleged conflicting statements and not also focused on the original sexting allegations. "A certain moral value system is associated with the seat of deputy mayor and being a councillor. I am concerned about the willingness of the DA to wipe wrongdoing under the rug."
In a statement this weekend, Good Cllr Chantelle Kyd accused the DA of covering for Figland for months and said their "about-turn is not a sign of accountability, but a desperate attempt to claim the moral high ground now that Figland is no longer politically useful."
She called his alleged sexting relationship a "gross violation of the values expected of elected representatives".
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