Legality of City director's appointment to be probed

The ANC says mayoral committee member for safety and security JP Smith should also be investigated and suspended. File photo: African News Agency (ANA)

The ANC says mayoral committee member for safety and security JP Smith should also be investigated and suspended. File photo: African News Agency (ANA)

Published Nov 28, 2018

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Cape Town – The appointment of Robbie Robberts as city director for policing and enforcement services has come under scrutiny with council yesterday agreeing to investigate aspects of the hiring process.

City director for safety and security Richard Bosman is alleged to be behind the suspected unlawful appointment of Robberts.

At a special confidential meeting at the Civic Centre yesterday, council resolved that City manager Lungelo Mbandazayo appoint, within seven days, an independent person to investigate Bosman.

The ANC, which said it supported the investigation, however, believed the DA has pinned him as the “fall guy”. They say mayoral committee member for safety and security JP Smith should also be investigated and suspended.

The issue landed before council after Speaker Dirk Smit had received evidence from a member of the public implicating Bosman in recruiting Robberts without following due process.

According to paperwork before council, 41 people had applied for Robberts’ job and, although the position had been advertised, there was evidence of an email discussion between Robberts and Bosman, wherein Bosman had allegedly made a decision to appoint Robberts.

“In this email discussion it was also evident that Mr Bosman made the decision that Mr Robberts will occupy the director position within the City of Cape Town with the knowledge that the director position had not been approved at the time of the discussion,” read the papers.

One of the applicants was deputy metro police chief Annalene Marais, whom Robberts had earlier this year laid a criminal charge against for defeating the ends of justice.

The complaint related to when Robberts instructed Marais, during a spate of protest actions along the N2, to use a city water cannon to put out fires. 

Marais refused and Robberts later admitted he was “so angry and frustrated and I need to make a point” when he opened the case against Marais.

An independent commissioner had found it was “utterly unacceptable for one employee of the city to initiate criminal proceedings against a colleague arising out of a difference of opinion about an operational issue within the course and scope of their employment”.

Smit said because yesterday’s meeting was confidential he would not comment on certain aspects.

“If confidential matters are discussed by councillors openly, this is a transgression of the Code of Conduct and such councillors will be charged accordingly. 

"Today (yesterday), as the speaker, I ruled that only the resolution of the green item would be open to the public - whereby council resolved that city manager be authorised to appoint, within seven days of council’s resolution, an independent investigator to investigate the alleged misconduct of an official, and that it further instructs the city manager to bring a report to the council at the January 2019 council meeting.”

ANC councillor and leader of the opposition in the city Xolani Sotashe said Bosman was not to be blamed alone, as Smith had also been implicated in the evidence.

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