Formalising of Investigations into Stellenbosch Municipality
During November 2009, the Stellenbosch Municipality became aware of allegations made by a Mr Themba Mpela, a developer from Khayamandi, which implicated certain councillors and officials in corrupt activities.
The Executive Mayor, on the basis of a Council resolution, then requested the Provincial Minister responsible for local government, on 10 December 2009, to institute a forensic investigation into the alleged fraud, corruption and maladministration at the municipality. The Provincial Minister, Mr Anton Bredell, subsequently on 15 December 2009 requested the Special Investigating Unit (SIU) to conduct a preliminary investigation into the allegations. This was to be done in terms of his Department of Local Government's cooperative agreement with the SIU. The investigation was not limited to the allegations made by Mr Mpela and was broadened so as to include any other prevailing allegations of fraud, corruption and maladministration.
The SIU can request any reasonable info required (without needing a search warrant), order any person to appear before the Unit and to produce specified documents and administer the oath and question persons under oath. The unit can also compel persons to answer questions even though the answers may incriminate them and institute civil proceedings in a Special Tribunal if it obtains evidence substantiating any allegations. Any member of the SIU can enter any premises and attach any documents necessary to further investigations and members of the SIU can instruct members of the South African Police Services (SAPS) to assist them.
The SIU finalised its preliminary investigation and identified certain issues requiring in depth investigation. To this end a Presidential Proclamation was applied for, which would enable the SIU to invoke its full investigative powers in terms of the relevant legislation. Accordingly, a Presidential Proclamation was promulgated on 14 January 2011. The SIU will present their findings to the President on completion of the investigation.
The Presidential Proclamation has the full support of the Executive Mayor of Stellenbosch, the Provincial Minister of Local Government, Environmental Affairs and Development Planning and the Premier of the Western Cape.
Joint Statement by:
Minister of Local Government
Executive Mayor of Stellenbosch