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Western Cape govt slammed by Public Protector for placing Oudtshoorn under administration

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The Public Protector has slammed the Western Cape provincial government, stating both the Premier Alan Winde and the MEC for Local Government, Anton Bredell, acted unconstitutionally relating to the suggestion that the Oudtshoorn Municipality be placed under administration. Public Protector Busisiwe Mkhwebane released the findings of her report in Pretoria on Friday.

The Public Protector has found that Winde acted unconstitutionally when he told the Parliamentary Portfolio Committee on Co-operative Governance and Traditional Affairs in June 2020 that it is legal to have a political agreement to place a municipality under administration.

This was when the Parliamentary Portfolio Committee asked Winde about a proposal made by MEC Anton Bredell to Democratic Alliance (DA) councillors of the Oudtshoorn municipality in December 2019 that they should agree that the municipality be placed under administration.

Mkhwebane, says Winde acted in a way that is inconsistent with his office.

“The statements made by the Premier to the Portfolio Committee supporting the conduct of the MEC were not in accordance with the Constitution and legislation regulating the intervention by a provincial government in a municipality and even the practice of political negotiation and agreement as submitted by him. His statements were therefore not in the best interest of good governance and not consistent with what is expected of a person in the position of a Premier.”

The Public Protector further found that Bredell did not act promptly when presented with allegations of maladministration, fraud, and corruption in the Oudtshoorn Municipality, saying it took him ten months to react.

Mkhwebane says his suggestion to the DA caucus in the municipality that they vote to have the municipality placed under administration was unconstitutional and in breach of the Municipal Systems Act.

“The suggestion or contention by the MEC that he acted exclusively in furtherance of a matter that concerned his relationship with his political party and that his action fell exclusively within the pursuance of private interests as envisaged in the Executive Ethics Code, and therefore within the private sphere, is misdirected. This is also borne from his position as a member of the Western Cape Provincial Legislature and on account of having been appointed to public office, created by the Constitution, as a representative of a political party.”

Timing of report

Bredell’s spokesperson James Styan has questioned the timing of the report.

“We would love to give comment and it would indeed be very nice to see the final report the Public Protector is referring to in her media statement, which she sent to the press. But unfortunately, we haven’t received the report and we can’t comment on a document we haven’t seen yet. So we do find the timing and the release of her decisions in a statement to the press, interesting. This happened without alerting us or providing us with the report as indicated. We will respond and comment once we’ve actually seen the report.”

Mkhwebane says she looks forward to the acceptance of the findings by all concerned and the swift implementation of remedial action.

Mkhwebane releases the report in Pretoria: 22 October 2021

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