Cape Town - The DA-led City has defended its decision to foot the legal bill, which has now mounted to more than R470 000, of fraud and money laundering accused DA councillor Nora Grose.
In May last year, the Atlantis Magistrate’s Court released Grose on R10 000 bail after she was accused of misappropriating City funds.
She had been charged alongside Reuben Swartz, the chairperson of NGO the South African Religious Civic Organisation relating to the alleged diversion of Covid-19 food relief funds. Among her bail conditions was that she must not interfere with the investigation or make contact with witnesses.
It emerged that the City has been paying her legal fees and according to GOOD party secretary-general Brett Herron, they have already spent R476 000 for her defence.
“The criminal trial has not even commenced yet, so we are in for well over a million rand in legal fees by the time this goes to trial, with advocates added to the team.
Mayor Geordin Hill-Lewis must explain why the residents of the City must pay for Grose's legal fees given that the charges essentially amount to this DA councillor allegedly defrauding the people of the City.
“The abuse of public funds is obscene and unjustifiable. The DA will say that the law allows them to provide legal support to our councillor but that is not the test.
“The test is whether it is ethical and common sense to do so. It also creates a conflict of interest.
“The City’s leadership has a fiduciary and legal duty of care with regards to public funds,” said Herron.
He added the party had challenged the abuse of public funds to pay for former President Zuma’s legal defence and it won the court case.
“The judge made it clear that it is not in the public interest for the state to pay for the legal defence when it involves fraud and corruption involving public funds,” said Herron.
City Speaker Felicity Purchase said the City footed the bill in terms of the Municipal Systems Act (Section 109A) and the Speaker’s delegations, particularly delegation 1(3) Part 3.
“The City would however like to reiterate and emphasise that councillors as well as City employees who are granted legal representation in terms of section 109A of the Systems Act are informed that the City may exercise a right of recourse for recovery of any expenditure incurred in terms of the policy, if a finding is made against them,” said Purchase.
Leader of the opposition in the City Council, Banele Majingo said they were aware of the allegations that the City was using funds from the public account to defend Grose.
“This is wasteful and fruitless expenditure of the public purse, and it is unethical to misuse ratepayers’ money like this. The ANC will approach the Office of Public Protector to investigate,” said Majingo.
Cape Times