The saga over maladministration and corruption at the only DA-run council in Gauteng is still set to unravel – in an ongoing probe by the Special Investigating Unit (SIU) and a defamation suit in the local magistrate’s court.
This comes in the wake of Public Protector Thuli Madonsela’s finding that while there was no evidence of corruption, maladministration did occur, central to which is the use of a law firm owned by a DA official to act as legal advisor, attorney, conveyancer and auctioneer for the council.
The removal of a statute of apartheid architect HF Verwoerd shortly before the May local government elections took centre stage in Midvaal in the pre-poll politicking.
President Jacob Zuma signed the SIU proclamation on the eve of the May poll, but dismissed claims of political interference in the council which has been consistently rated tops, as the SIU got the go-ahead for similar investigations in ANC-run Ekurhuleni and Tshwane councils.
The Freedom Front Plus’s Kobus Hofman, a former DA councillor, approached the public protector to probe the matter.
The FF+, which is defending a defamation suit brought by the DA’s Andre Odendaal, the law firm owner, in the Meyerton court, has welcomed the public protector’s findings.
The party’s Gauteng leader Jaco Mulder said “it is only the beginning of the process”.
DA federal executive chairman James Selfe said the party did not always get it absolutely right, but would correct mistakes: “We acknowledge our mistakes and we rectify them.”
And this included a review of the party’s policy on its public office bearers.
“In the weeks ahead we will take steps to prohibit DA office bearers from doing business with DA governments,” Selfe said.
It has emerged that Odendaal resigned from his post as DA constituency manager earlier this year.
However, Midvaal council has taken issue with the public protector’s findings on the role of Odendaal’s law firm, Odendaal and Summerton, in the donation of homes to off-set municipal debt.
One case in particular was highlighted: the donation of a deceased estate house valued at more than R100 000 to pay off a municipal debt of just over R5 000.
The public protector found the house was never entered into the municipalities donation books and instead, Odendaal acquired it and sold it off for profit – and fees – several years later.
“This could undermine the right to housing. The very same people whose houses are donated, would then queue for RDP houses. It doesn’t make sense,” said Madonsela.
Midvaal mayor Timothy Nast this week disputed this, saying the house was acquired on the open market by Vaughn Summerton.
He added the municipality had the correct procedures in place and that after auditing the council’s assets and liabilities, the auditor-general gave positive reports. - Marianne Merten