| MAYORAL CARS – it ain’t over till it’s over
In 2020, the RA lodged an application in the Cape High Court to review and set aside the unlawful decision to provide perk cars to elected office bearers. The matter was duly heard by an Acting Judge on 22 February 2024. On 4 March, the finding went against the RA. Our counsel studied the judgement and have come to the conclusion that the Judge erred on the facts and the law and that an appeal has good prospects of success. We are therefore lodging an appeal.
Background to the Case.
Until 3 April 2017, councils were permitted to provide perk cars to their political office bearers: mayor, deputy mayor and speaker, as an “allowance” or perquisite. At that date, the permission was withdrawn retrospectively to 1 July 2016 with the proviso that amounts spent between 1 July 2016 and 3 April 2017, although technically irregular would be “forgiven” but that any expenditure thereafter would be irregular and reclaimable from the beneficiary.
The perk had been (and amazingly still is) greatly abused by councils and the beneficiaries. Our own town is no exception. In 2010 controversy raged when then mayor, Lulama Mvimbi was provided with a top of the line BMW X5 said to be the second most expensive mayoral vehicle in the country. While it was hugely expensive and wasteful it was perfectly legal, if somewhat ethically and morally suspect.
Later, after the 2016 election, then mayor Peter Lobese refused to use the hand-me-down from his predecessor, Memory Booysen, because he believed it was the home of spirits. A replacement was acquired but soon wrecked by his driver.
As substitute vehicle, he hired a Volvo C40…at a rental of nearly R60k per month. A contract for so large an amount is beyond the mayoral discretion and must go through the official tender process. He circumvented that by getting the hire company to charge at fortnightly intervals. The fact that such circumvention is unlawful did not deter him.
The change in law in 2017 was simply ignored by the Bitou council and Lobese continued to enjoy the perk of using a mayoral vehicle for the rest of his term.
In 2020, the RA lodged an application in the Cape High Court to review and set aside the unlawful decision to provide cars. Before the recent change in coalition leadership, 3 vehicles were purchased, one each for the mayor, deputy mayor and speaker.
As mentioned, the finding went against us but the legal advise is to appeal. If the judgement remains unchallenged, the legal implication is that all municipalities, including Bitou, are effectively given license to ignore the law and provide perk cars to political office bearers by relying on this judgement.
The cost to ratepayers to provide perk cars across SA municipalities runs into millions and is set to increase dramatically as the promise of cars becomes more established across coalition partners.
We have instructed our legal team to apply for leave to appeal, preferably directly to the Supreme Court of Appeal. Our legal team consists of attorney Martin Hurwitz, while Advocate Martin Brassey (SC) and Adv Rod Howie will represent us in court.
We remain, as always, confident in their advice and abilities and thank them for the sterling job they have done so far.
Kind regards,
Steve Pattinson |
