MOSSEL BAY NEWS - Following the announcement of the DA ward candidates for the coming municipal elections, some of the opposition parties in Mossel Bay have reacted negatively regarding Mossel Bay municipal spokesperson, Nickey le Roux's candidacy.
The ACDP councillor in Mossel Bay, Jeanette Gouws alleged on the ACDP Facebook page that the Mossel Bay Municipality wrongfully used municipal resources to promote the DA election campaign.
According to the ACDP, it is prohibited for an employee of the Mossel Bay Municipality to be standing as a DA candidate in the local elections in terms of the Municipal Systems Act 32 of 2000.
The ACDP, in the Facebook notice, accused the DA leaders of an "arrogant disregard for law and matters of principle".
Gouws further noted on Facebook: "The residents of this town should not have to pay for the marketing campaign of the Democratic Alliance. The DA has received millions of rands in donations from known freemasons and should be held accountable for abusing the public purse."
The ACDP further says it demanded in writing to the acting Mossel Bay municipal manager and to the Speaker of the council, that Le Roux be suspended immediately and a disciplinary process be followed in accordance with Part 14 of Act 32. According to part 14A of the Act a breach of this code of conduct is a ground for dismissal or other disciplinary steps.
Icosa party councillor Dawid Kamfer on Saturday, 11 September, submitted a media release to the Mossel Bay Advertiser, in which the party also contested the legitimacy of Le Roux's candidacy, urging for her immediate resignation, due to "serious misconduct and a conflict of interest".
Kamfer further debates the recruitment and appointment process followed, insisting that it be investigated immediately.
Gouws was asked for comment on Saturday, 11 September, but she has not yet submitted a media release to the Advertiser.
DA 'ecstatic'
DA political head Jaco Londt said the DA was ecstatic and proud to have someone with the calibre of Le Roux willing to stand as a candidate.
"Mossel Bay is the number one municipality and having her as part of the team will ensure we achieve even more. In what seems like a hurried attempt at political opportunism, the ACDP councillor, despite being a representative in the municipal council over the last term, seems not to have grasped the delineation between the political leadership of a council versus the administrative."
"Nickey le Roux will, the same as any other professional, in conjunction with her employer, submit leave after the certification of candidates in order to participate in the campaign. As is the practice, Mossel Bay Municipality will act strictly in accordance with the relevant legislation."
Municipality responds
The Mossel Bay Municipality noted that there was nothing untoward regarding Le Roux being announced a candidate.
According to its statement, the ACDP erroneously interpreted the wrong regulations and policy.
Participation of Municipal Staff Members in Elections, 2011 (Government Gazette No. 34095) states:
Staff members as candidates for and becoming members of legislatures.-
(1) A staff member who is issued with a certificate in terms of section 31 (3) of the Electoral Act, 1998 (Act No. 73 of 1998), or section 15 (3) or 18 (1) (d) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000), shall, on the working day following the day on which she or he receives the certificate, present a copy of the certificate to her or his employer.
(2) A staff member contemplated in sub regulation (1), shall be deemed to be on annual leave from the working day contemplated in sub regulation (1) until the date on which the result of the election is declared in terms of section 190 (c) of the Constitution.
(3) If a staff member is elected, she or he shall apply for further annual leave until her or his resignation in terms of sub regulation (5).
(4) If a staff member has insufficient annual leave, she or he shall be deemed to be on unpaid leave for the period of leave taken in excess of her or his available annual leave.
(5) Subject to section 21 (2) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), a staff member who has been elected as a member of the National Assembly, a provincial legislature or a municipal council shall be deemed to have resigned from the employer concerned with effect from the date immediately before the date she or he assumes office.
• Article 15(3) en 18(1)(d) of the Local Government: Municipal Electoral Act, 2000 states:
15. List of parties contesting election by way of party lists and certification of party lists.
(1) By not later than a date stated in the timetable for an election the Commission must--
(3) By not later than a date stated in the election timetable, the Commission must issue to each person whose name appears on a party list of a party contesting the election, a prescribed certificate.
18. List of ward candidates to contest ward election. —
(1) By not later than a date stated in the timetable for an election, the Commission must—
(d) issue to each such candidate a prescribed certificate.
Furthermore, the Municipal Policy, of which the ACDP is a signatory, states that an employee “who already hold a political position or who proposes to take up such a position”:
5.1 The employee in question will, with immediate effect, declare all relevant information to the Municipal Manager in writing, together with the amount of remuneration (if any) as well as advantages/ privileges due to the member involved because of the political position.
5.2 Together with the declaration above, also furnish reasons why he/she should be permitted to occupy the position while he/she is in the service of the Municipality. From the above, therefore, it is clear the policy only takes effect after the employee has been elected as the regulations imply that the employee may participate as a candidate in the election.
• The employee must therefore provide it to the employer on the working day after (s)he receives the IEC certificate;
• The employee is then to take leave until the date when the result of the election is announced;
• Should the employee be duly elected, (s)he is placed on further leave to resign in terms of sub regulation 5.
• Unpaid leave must be given if the employee's leave is exhausted;
• If the employee is elected, (s)he will be deemed to have resigned with immediate effect from the day immediately before the date on which (s)he assumes office.
Recruitment process
In response to the allegation of impropriety with the appointment of Le Roux as communications officer, the municipality said that proper, formal process was followed. -
"Ms Le Roux applied for a position that was duly advertised in the media and was shortlisted along with several other candidates. She underwent the regulated processes of a formal trade test as well as an official interview that comprised, among others, union representatives and senior municipal personnel as is customary at the Mossel Bay Municipality."
Municipal funds for electioneering
The statement further stressed that the municipality had received a clean audit outcome from the Auditor-General for the past financial year.
"This is the result of thorough and intensive auditing of all municipal finances and expenditure. This should be sufficient evidence that no municipal funding could in any way have been used for a clandestine election campaign, by any party, in the Mossel Bay Municipality."
"The ACDP, according to their media statement, seems not to understand the oversight role of the portfolio chairpersons of the Mayoral Committee (Mayco). Social media posts alluded to the oversight role of the Acting Mayor and the Mayco members and never was any mention, nor an inference made of any political party. The ACDP, in their press statement, gives the impression despite having been a member of the municipal Council over the last term, not to have grasped the clear and distinct delineation between the political leadership of a Municipal Council versus the a-political administrative substructure of a municipality."
The Municipality confirmed that Le Roux has been on official sick leave since 11 August.
"She will, like any other professional, and in conjunction with her employer apply for leave directly after the IEC certification of candidates to participate in the campaign, as is required of her."
'We bring you the latest Mossel Bay, Garden Route news'
