Update

GEORGE NEWS - Less than a month since George Municipal Manager Trevor Botha was placed under precautionary suspension, he has reclaimed the top seat at the municipality. The Western Cape High Court ruled on Monday 9 March that Botha be reinstated "with immediate effect".

This was confirmed by municipal spokesperson Chantel Edwards-Klose, who said the costs as per order of the High Court will be borne by George Municipality.

Botha won his application for an interdict at the Western Cape High Court against the decision of the DA councillors who supported his suspension, with costs.

Botha, along with director of Community Services Walter Hendricks, was placed on three months' precautionary suspension effective since Monday 17 February. The court order declared Botha's placement on precautionary suspension for 90 days "unlawful". It is unclear whether Hendricks will be reinstated too. Questions in this regard have been sent to George Municipality.

The suspension of the two officials relates to the outcome of a forensic investigation ordered by MEC Anton Bredell, into the War on Waste project - a municipal project initiated by Melvin Naik during his reign as mayor of George.

Good Party Councillor Mercia Draghoender eyes the legal adviser Johan van Schalwyk, demanding to know who appointed Goussard Attorneys, the legal firm that provided help to the municipality. On the right is Wilbur Harris (Icosa).

No surprise
DA Chief Whip Marlene Barnardt said the outcome did not come as a surprise. "We were expecting this and knew about it last week. We withdrew the opposing documents to Botha's application after receiving senior counsel advice that the precautionary suspension that Council passed was deficient," she said.

"We rely on legal advice from lawyers, so it is very disappointing when that advice is found wanting. However, we know this is the nature of the legal process and we will go back and fix the mistakes."

Brett Herron, leader of the Good party, said the fact that George Municipality has to pay the legal costs means that money intended for service delivery is now being used to fund the DA's infighting and political posturing. 

"The people of George are literally paying for the DA's interference in the administration of the municipality," he said. Last week Herron met with investigators at the office of the Public Protector in Pretoria about his dossier on George Municipality, including the R350-million Old Mutual investment which implicated former Chief Financial Officer Keith Jordaan and the son of DA Councillor Stag Cronjé. 

Adv Gert van Niekerk 

Repercussions
FF Plus Councillor Adv Gert van Niekerk said the court ruling has far-reaching consequences. "By implication, this means that the three council members of the DA who did not vote with the rest of the DA caucus in favour of Botha's suspension, acted correctly according to the High Court decision." 

The three councillors lost their party membership and council seats for not following the DA's instructions. "This raises the question of their current position," he said. "The same goes for Hendricks. Seeing that Hendricks was suspended on the same basis as Botha, nothing stands in his way to come back to work."

Van Niekerk said the only solace is the fact that the costs order, as ordered by the court, is likely to be less than what the two officials' three-month holiday would have cost the taxpayer. He said he finds it strange that the DA sought legal help from an attorney, who in turn called in an advocate's help to draft and file opposing pieces, only to be told afterwards that their chance of success is limited. 

"Why go through this whole exercise?" he asked. "The moment you give a notice to withdraw the defence of your case, it means that you throw in the towel. You know that you will get a costs order and that your opponent's application will be favourably considered by the court."

Office of the Public Protector in Pretoria.

'DA must pay"
PBI Councillor Virgill Gericke welcomed the ruling. "The party will push for DA councillors to pay in their personal capacity for their 'mistake' and not the taxpayer. This is simply just outrageous. We [the opposition] were under heavy suspicion as to why we did not support the suspension of Trevor Botha. 

"As a party we knew that the decision by the DA was unlawful and illegitimate. We cannot condone wrong decisions, regardless of persons or parties involved. As Council we are all subjected to the rule of law and our decisions should accordingly display the necessary respect and appreciation for the constitutional rights of people."

Brett Herron, leader of Good Party.

Q&A WITH GOOD LEADER, BRETT HERRON:

1. How was the dossier accepted at the Public Protector's office? 
The complaint and dossier were submitted to the National Office of the Public Protector in early February 2020. The investigators assigned to the complaint requested a meeting with me to discuss the focus of the investigation I requested.

2. What are the procedures that will follow? What can be expected? 
The investigators are considering the evidence and complaint and will propose an approach to this complaint. The unlawful Old Mutual Investment scheme is one aspect of my complaint. I alerted the investigators to the fact that the Western Cape Public Protector's office has a complaint from Good Leader, Patricia De Lille, lodged in February last year, as well as a complaint by the ANC lodged last month. They will consider whether to amalgamate this aspect.

3. It's an old case - why hand it in only now?
My complaint was not only about the Old Mutual kick-backs to Cllr Cronje's son. There are currently four aspects to my complaint:

a) The procedural correctness or compliance of the Western Cape MEC for Local Government in preparing his report to the Provincial Cabinet to pave the way for him to intervene in the administration of the George Municipality.

b) The abuse of power by DA leaders and their interference in the administration: MEC Bredell's attempt to stop the municipality from appointing Mr Simphiwe James as Director of Corporate Services and former DA Federal Executive chairperson (and now Head of Governance) James Selfe's attempt to get DA Councillor Van Wyk appointed to a senior management position in the municipality.

c) The apparent failure of the Provincial Government Forensic Services unit to pursue allegations of corruption against provincial ministers. The Forensic Services Unit relied on the allegations of a witness to act against Mayor Naik, MM Botha and other officials. That same witness also made allegations against Provincial Ministers, yet these allegations appear to have been ignored or buried. This is a contravention of the Prevention of Crime and Combating Corruption Act.

d) My complaint about the Old Mutual investment is different: I have asked the Public Protector to investigate why Cllr Cronjé and his son Mr DL Cronjé, the Old Mutual agent at the time, were permitted to refuse to provide access to their bank statements during the conduct of a forensic investigation. A forensic investigation cannot be considered complete and acceptable if the subject of the investigation is financial misconduct and the persons being investigated refuse to allow access to bank records.

4. Do you have a grudge against the DA, as someone suggested in a comment on your post?
No, I do not. However, it seems that DA supporters cannot tolerate corruption or maladministration when it is alleged to be committed by the ANC or EFF, but they have no capacity or desire to hold DA governments or politicians to the same standard. There is indisputable evidence that Cronjé's son received a payment from Old Mutual (OM have confirmed this in writing), yet no action has been taken by the DA or the George Council against him. If he were from the ANC or any other party, those same people criticising me for fighting for a single standard of accountability would be cheering me on.

5. What would you like to see happening with the case? 
I have received an overwhelming amount of information and evidence of a very rotten state in the George Council. I do not believe that DA politicians can investigate themselves, because the evidence shows that some of them are directly involved. 

I am looking for an impartial investigation by the Public Protector who has the power to subpoena records like bank statements.