GEORGE NEWS - The content of the legal opinion on George Municipality's delictual liability in the Victoria Street building collapse, commissioned by the local authority itself, is not being made public.
It was tabled in confidence at a council meeting on Friday 30 May, a step that elicited vehement opposition from Good's Cllr Chantelle Kyd, who subsequently announced her resignation from the Mayoral Committee for Planning and Development.
In a statement issued after the meeting, she accused the DA-led council of suppressing the truth and avoiding accountability.
The day before the meeting, Good's secretary general, Brett Herron, said the DA caucus in the coalition decided it was too risky to allow Kyd to speak on the matter at the meeting. The only members of the coalition allowed to speak would be the DA mayor and deputy mayor.
In response to Good's statements, the municipality's communications manager, Chantèl Edwards, said in a statement on Tuesday tabling the matter in confidence was 'as per the procedures advised by legal counsel'.
"The legal opinion received clearly advised that the matter be handled in a specific and legally compliant manner.
"Executive Mayor Jackie von Brandis confirmed today that George Municipality will not participate in any practice that may hinder or harm an ongoing investigation that seeks to bring justice to the survivors and the families of the victims. This includes refraining from discussing the merits of the case publicly," said Edwards.
"The municipality emphasises that this matter will be treated with the respect and seriousness it warrants, to allow the South African Police Service [SAPS] to conduct their investigation effectively and without interference."
Asked if the report would be made public in the future and what factors would determine its release, Edwards said: "We cannot provide comment on this at this stage, given that the criminal investigation is still under way."
She again confirmed that the independent structural investigation report, also commissioned by the municipality, has been formally submitted to the police to form part of the official evidence in the criminal investigation. It will not be made public or tabled to Council, 'in accordance with legal protocols'.
'Inaccurate and misleading'
DA Regional Chairperson Venolea Fortuin said the reasons Good provided for Kyd's withdrawal are 'inaccurate and misleading'.
"Contrary to their statement, the position on the specific item in question was adopted by the joint coalition caucus as all parties agreed to its recommendations - which included Good's participation - not solely by the DA caucus.
"Furthermore, as Good communicated in recent weeks on the matter publicly, Good was informed that it could issue a party-political statement on the matter following the council meeting. So in no way was Good George sidelined, marginalised or censored while a member of the coalition government."
She said the DA remains committed to the coalition as 'guided by the spirit and terms' of the coalition agreement.
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