Swellendam Mayor Francois Du Rand today released a statement after it became clear that the municipality would not immediately act on the findings of the Vermaak Report.
Read the full statement below:
ANC and GOOD’s false allegations: Setting the record straight
The Democratic Alliance-led Swellendam Municipality categorically rejects the false and misleading claims made in the ANC Western Cape’s recent statement and GOOD’s dishonest rhetoric in the Cape Times regarding alleged governance failures.
The ANC’s baseless accusations are nothing more than an attempt to sow instability and mislead the public. The facts tell a different story.
The Vermaak Report: An unlawful appointment and process
The ANC claims that the DA failed to act on the Vermaak Report. However, the reality is that the appointment of Advocate Etienne Vermaak as an investigator was irregular.
The High Court of Cape Town ruled that the ANC-aligned former Speaker, Juan van Schalkwyk and ANC Councillors unlawfully suspended Municipal Manager Anneleen Vorster and that their appointments of Peter le Roux and Roslyn Saptoe were improper and invalid.
All decisions made under their direction, including the appointment of Vermaak, are effectively null and void.
Compliance with Council resolutions and legal processes
Unlike the ANC’s reckless approach, the DA has remained steadfast in its commitment to transparent and legally sound governance. The Executive Mayor, Francois du Rand, has fully complied with Council Resolutions, including submitting the Vermaak Report to SAPS, informing MM Vorster of the resolutions and requesting a Section 106 forensic investigation from the Western Cape Provincial Government.
All councillors were copied on correspondence to MEC Bredell, demonstrating our unwavering commitment to transparency and legality in governance.
However, because Van Schalkwyk and Roslyn Saptoe irregularly expanded the scope of the investigation beyond its original mandate, the process and report are fundamentally flawed.
All resolutions regarding disciplinary processes regarding MM Vorster’s alleged misconduct have also been initiated. The Executive Mayor has requested assistance from the South African Local Government Association (SALGA) and the Western Cape Provincial Government (WCPG) to ensure these processes move forward without financially impacting the municipality’s ratepayers.
The DA has requested assistance from external legal experts to ensure that due process is followed correctly. This demonstrates our unwavering commitment to justice and fairness, which should reassure the public of our values and dedication to upholding the law.
Legal and fiduciary responsibility in handling the Vermaak Report
The Accounting Officer has a fiduciary duty to protect Swellendam Municipality and the Council from decisions that expose the municipality, the Council, and ratepayers to legal and financial risks.
Despite the Council resolution voted for by Van Schalkwyk and the ANC to irregularly release the Vermaak report, MM Anneleen Vorster, acting in the municipality’s best interest, the Council and the ratepayer, did not immediately release the report but solicited a legal opinion.
The legal opinion has subsequently confirmed that prematurely releasing the one-sided, untested preliminary report would expose the municipality to serious legal and financial risks.
The DA did not support the report’s release and, together with Swellendam Municipality, will not be responsible for any consequences of Van Schalkwyk and the ANC’s actions.
The report was made public two days after the Council meeting, and letters from attorneys have already been received.
The ANC, Van Schalkwyk and Saptoe’s political interference
The former speaker, Juan van Schalkwyk, has consistently acted outside his authority. He misled the Council by unlawfully supporting the appointment of Peter le Roux despite being informed in advance that Le Roux did not meet all the criteria for Acting Municipal Manager.
This reckless decision has exposed the Swellendam Municipality to significant legal and financial risks.
Furthermore, the ANC, Van Schalkwyk and Saptoe’s deliberate manipulation of the investigation’s scope was a fishing expedition designed to manufacture a scandal rather than uncover genuine misconduct.
GOOD’s misguided narrative and the DA’s commitment to Good Governance
GOOD secretary-general Brett Herron has attempted to distort the facts, claiming that the DA’s re-election of the Executive Mayor is a setback for Swellendam. Herron falsely alleges that the DA has ignored allegations of misconduct and governance failures. However, his statement ignores the legal complexities surrounding the Vermaak Report, which is legally flawed.
Contrary to Herron’s assertion, the DA is not averse to scrutiny. The DA has taken all necessary legal steps to ensure transparency and accountability while also adhering to the principles of due process and privacy protection.
Unlike GOOD, the ANC, the Cape Times, Marvin Charles and certain individuals, who seek to manipulate facts and investigations for political and other gain, the DA is committed to fair and lawful governance, prioritising justice over populism and respecting due process and privacy protections.
The DA remains resolute in upholding the rule of law, transparency, and service delivery for the people of Swellendam Municipality. Unlike the ANC, which has a long corruption and cadre deployment history, we believe in evidence-based decision-making and lawful governance.
Our commitment to serving the people of Swellendam Municipality is unwavering, and we will continue to prioritise their needs and well-being, demonstrating our dedication to the community.
The ANC and GOOD’s attempt to fabricate a crisis is nothing more than a desperate political tactic. We will not be intimidated by these baseless attacks and will continue to govern in the best interests of Swellendam’s residents.
Issued by Francois du Rand, Executive Mayor, municipal spokesman and DA Caucus leader of Swellendam Municipality
