Council update

Dear Members,

Apologies for the delay in getting this update to you. Its been an active few months!

Council update.

In August, IPM Councillor Noksie Kolwapi crossed the aisle to give the DA-led coalition a majority on council.  A vote of no confidence was brought against the incumbent Mayor, Mr Terblanche and the speaker, Mr Gcabayi. The vote was carried and the replacement officers were elected.

The Office Bearers are now:

Executive mayor:  DA Councillor Jessica Kamkam from Kurland Village
Deputy mayor:  IPM Councillor Noksie Kolwapi from Kwanokuthula
Speaker:  AUF Councillor Mavis Busakwe from Kwanokuthula

It would appear that with the composition of the council, coalitions are now a form of government to which we will have to become accustomed, together with the potential for instability they bring.

Unfortunately, with the council changes that Bitou has experienced this year, there has inevitably been significant movement at the senior management level within the Administration. This introduces instability and insecurity amongst Municipal employees and inevitably negatively impacts the efficiency of services provided to residents and ratepayers.

Left to right:  Mayor Kamkam, Speaker Busakwe, and Deputy mayor Kolwapi
Municipal Manager (Memani)

Mr Mbulelo Memani was appointed as Bitou’s MM in April 2022 by the DA-controlled council . On January 2024, councillor Terblanche, crossed the aisle to the ANC. Allegations of irregularities and malfeasance were brought against both Mr. Memani and Mr Lotter. On the recommendation of the investigation report conducted by the legal firm Musetsho Law Inc, council resolved that Mr Memani be suspended and face disciplinary charges.

Mr. Links was brought in from Beaufort West and appointed as Acting MM.,despite being wholly unqualified to hold the position.  The Association objected to this appointment, and subsequently he has left service with Bitou, however it is believed that he faces potential civil charges for financial misconduct.  Mr Boy Ngubo was appointed Acting CFO but we are informed that he has now also been suspended  due to alleged financial misconduct.

In the interim Mr Memani appointed legal representation and a decision was taken to offer a settlement of R4.2 million  in exchange for his resignation and in addition his lawyer, Bulelani Bans, would be paid an additional R250k.

Subsequently the DA brought an application to review and set aside the decision before the Western Cape High Court (WCHC). On 18 October 2024 the WCHC set aside the “mutual termination agreement”, Mr. Memani’s settlement terms and ordered that he repay the settlement and that his lawyers Bulelani Bans reimburse the R250k they had received from the municipality. Costs were awarded against ex-mayor Claude Terblanche, ex-speaker Sandiso Gcabayi and Bitou Municipality who had opposed the matter.

After the change  in council, the now DA-controlled council appointed Mr. Memani as Acting Municipal Manager to replace  Mr. Links. However he remains under suspension until such time as the council rescinds the suspension and/or the disciplinary process is finalized.  A process Mr Memani welcomes in order to clear his name.

Acting CFO (Felix Lotter) 

Mr Felix Lotter agreed to accept a the position of  Senior Manager of Compliance and Governance.  After the suspension of Acting CFO Boy Ngubo, Mr Lotter moved back into the position of Acting CFO and has started to unravel the possible irregularities and fraudulent activities that took place during the short period of the ANC-led alliance.  Investigations and disciplinary processes are underway and we will share the outcomes with you shortly.

Director Planning and Development (Tanya Wildeman)

Ms Tanya Wildeman was inexplicably appointed to this senior position despite not having the required qualifications and competencies.  Objections were submitted to the MEC for Local Government who disallowed the appointment. The council was forced to rescind their decision, and she returned to her previous position as HR Manager.

The Director of Planning and Development position is currently vacant.

Director of Community Services  (Melony Paulsen)

On 2 September 2024 a whistleblower approached a member of our Exco for assistance with an issue that had unsuccessfully been brought to the attention of senior management several months before. Detailed information on what can only be described as very serious misconduct involving several senior municipal employees was provided. The RPA insisted that urgent attention be given to this very serious matter. So far, the Director of Community Services, Melony Paulsen, has been suspended pending the completion of a full investigation.

Mr Vandala is Acting Director in the interim.  The RPA has lodged a formal complaint against Vandala as he is implicated in the complaints against Ms. Paulsen.

Director of Corporate Services (Luvuyo Loliwe)

Mr Loliwe was previously employed by Bitou Municipality as Manager Legal Services. Allegations of financial misconduct were made against him by MPAC in June 2022 and he resigned when confronted.

He then joined Knysna municipality but left there to take up his current position as Director Corporate Services of Bitou Municipality, appointed on 28 June 2024, with outstanding disciplinary issues pending.
We have called for the disciplinary process to be completed.

ERF 1725 tribunal (Longships)

It appears that this issue will eventually come to a head when the Tribunal sits on 5 November.

The Tribunal will hear the municipality’s application to rezone, subdivide and remove the title and town planning conditions, You will recall that the application has been extremely controversial with a considerable number of residents submitting objections.

Objections included inter alia;

  • town planning refused to provide proof of a valid 2009 MOA in spite of a court order;
  • no valuation and comparative prices were provided as required;
  • a claim was made that abutting properties had agreed to the removal of conditions, but this was not the case;
  • a servitude exists on 1725A which they have not taken into account.

The Association continues to oppose the application in the interest of good governance and generally those of the affected residents in Plett South.

Infrastructure 

The Association submitted input for the Integrated Development Plan (IDP) which informs the next budget.  Many of the items that we had proposed for 2024/25 were ignored or deferred to future years.  Ignoring or deferring capital projects has the potential to jeopardise the important tourist industry on which the entire population of Bitou is heavily reliant.

Many of the items proposed by our Association benefit the entire municipal area, such as upgrading of the waste water plant, improving bulk water storage, and solid waste facilities.  We have also called for upgrading of specific roads, demolition of the structure on erf 156 below Signal Hill, and replacement of old cement fibre water pipes.  The RPA remains highly concerned about the extent of property development as well as the continued influx of migrants on our frail infrastructure and the sustainability of our service delivery for all communities.

We are pleased to inform you that the municipality have now agreed to a workshop to discuss the issues pertaining to water and sewerage treatment and we look forward to giving you feedback on the outcome of this important engagement.

Airport 

The Airport saga continues. Since the signing of the contract with Garden Route Aero in February and the subsequent addendum to that contract in September, the RPA together with the local aviation community have had significant concerns over the rate of progress. Since the contract was signed, there were prolonged negotiations on how the runway repairs were going to be funded. Plett airport was ultimately downgraded and all commercial flights have been stopped. The runway assessment has not yet been completed and it seems that runway repairs will not start until the New Year. There is no clear timeline as to when commercial flights into Plett will resume.

These concerns prompted a full legal review of the contract entered into with GRA. Suffice to say this review has uncovered a number of deficiencies pertaining to the obligations and responsibilities of GRA relative to the tender requirements which could have serious implications for the Plett community and the speed at which the airport is upgraded and developed.  On a positive note, the current administration and council are committed to addressing these issues and will engage GRA to work towards a more robust contract with clear obligations and responsibilities.  Our focus is on the quick resumption of commercial flights into Plett , the upgrade of facilities and the efficient management of airport operations. Our airport is too important for the welfare of Plett to have poorly constructed contracts devoid of obligations and performance measures.

In closing, our working relationship with the new council and administration has improved considerably. We are engaging on important issues and look forward to our first collaborative workshop to discuss the strategies and plans around water and sewerage treatment.

Kind regards,
Steve Pattinson