The Public Protector has found the appointments of two senior officials at the Stellenbosch municipality amounted to maladministration and improper conduct.
On Wednesday advocate Busisiwe Mkhwebane released the findings into several investigative reports, which included one on Stellenbosch municipality relating to the amendments to the employment contracts of two senior staff.
This related to the appointments of advocate A de Beer as Director for Strategic Corporate Service and Kevin Carolus as the chief financial officer.
De Beers was appointed in April 2017 on a 10-year period despite the position having been advertised as a five-year term contract.
“The municipality’s selection panel recommended a five-year contract.
“On November 2, 2016, De Beer wrote a letter to the then acting municipal manager, Mr R Bosman, requesting the waiver of the upper limits of the remuneration of this post (from R1.2m to R1.5m) and also for a 10-year contract,” said Mkhwebane.
“Bosman confirmed that he entered into a telephonic agreement with De Beer.
“Bosman was the chairperson of the selection panel, which by consensus agreed on a five-year contract.
“Bosman left the municipality at the end of November 2016.
“De Beer made it clear in the letter dated 2 November 2016 that she would only accept the council’s offer after the minister had made a decision on her request in respect of her remuneration.
’’De Beer was later appointed on a 10-year contract.
“No one, including Mr Bosman, had any authority to change the recommendation of the Selection Panel to Council.”
The report also investigated how Carolus was employed on a permanent basis despite the position having been a 10-year fixed term contract.
“Mr Carolus was officially appointed as CFO for a 10-year term by a Council resolution dated March 17, 2019.
“However on April 24, 2019 a special item was placed on the agenda of the council meeting, and the latter subsequently approved Carolus’ appointment on a permanent basis,” she said.
Mkhwebane said following an analysis of the complaint and an investigation into the appointments, it was found that the municipality irregularly appointed De Beer and Carolus.
On the De Beers matter, Mkhwebane said given how the 30-day period within which the successful candidate had to accept council’s offer had lapsed, the municipal manager had no authority to enter into a contract with her six months later.
“As the post had to be re-advertised, the municipal manager had no authority to enter into a written contract of employment with De Beer on April 29,” she said.
“In addition, the resolution of the Council to change the conditions of service for the position of CFO from a 10-year contract to a permanent position after an offer had been made to Carolus, was improper.
“It prejudiced other prospective candidates that would have applied had they known that the period of tenure was flexible and could be changed even to a permanent appointment.
“Carolus’ appointment was therefore procedurally unfair as the council should have re-advertised the position of CFO as a permanent appointment.
“Accordingly, the appointment was irregular.”
As part of her remedial actions, Mkhwebane has ordered that the current municipal manager report the irregular appointments to the Provincial Treasury to determine whether the salaries paid to De Beer and Carolus amounts to irregular expenditure.
Stellenbosch municipality’s spokesperson Stuart Grobbelaar said the municipality was taken aback by the report.
“Given that we provided extensive responses to which we have not received any feedback.
“These baseless complaints were lodged with the public protector by an aggrieved ex-councillor.
“We have studied the public protector’s report and reject its findings,” he said.