No government is perfect, DA says

2011-11-08 22:39

Johannesburg - The Democratic Alliance has welcomed Public Protector Thuli Madonsela's findings of maladministration in the Midvaal municipality.

"Following the protector's report, the DA will be reviewing the rules that govern the actions of its public office-bearers," DA MP and chairperson of the party's federal executive James Selfe said on Tuesday.

Madonsela said earlier that maladministration was found in the DA-led municipality.

In her official report on the municipality, Madonsela noted that the appointment of Odendaal Summerton Inc as sole providers of legal services for the past 30 years without following proper procurement procedures was in violation of the Preferential Procurement Policy Framework.

She said the municipality's accounting officer had failed to comply with his accounting responsibilities, including debt collection obligation.

The municipality's handling of houses and properties donated by residents with arrears was also "irregular and did not comply with the law", the Protector concluded.

She found 85 properties were released to the municipality by owners, but some properties were not transferred. They were, however, intercepted by the law firm owned by the DA Midvaal leader Andre Odendaal.

Selfe said: "In each of these instances, the municipality had already begun a process of remedial action."

He said Midvaal mayor Timothy Nast had released a comprehensive statement in this regard.

"Mr Nast has also committed himself to carrying out the recommendations of the protector. The DA leadership takes a special interest in the performance of the governments under our control," Selfe said.

"In the weeks ahead we will take steps to prohibit DA office-bearers from doing business with DA governments. This is in line with the Business Interests of Employees Act we have passed in the Western Cape."

Nast said the municipality would report any deficiencies in internal controls.

It would also co-operate with the relevant law society and investigating body in this regard.

Nast acknowledged that Madonsela's findings were correct that procurement processes were not in place when the council was formed after the first democratic local government elections in 2000.

This was before the promulgation of the Municipal Finance Management Act in 2004.

The protector acknowledged that by 2006 a formally competitive bidding process was initiated.

"Three firms competed for this tender. Out of the three, two did not tender for the full scope of the work and were therefore disqualified. The tender was duly awarded to Odendaal and Summerton Inc," Nast said.

The protector had asked for the accounting officer to submit a report to the council within 60 days to, inter alia, investigate the conduct of the former accounting officer, chief financial officer and other officials involved.

Nast said work would begin on this report, and it would be made public in accordance with the Municipal Systems Act.

"The protector raised concerns about a potential conflict of interest in respect of the service provider and has requested that we take appropriate steps to review this. We will do so," he said.

However, Nast said it was unfortunate that there were some factual inaccuracies in the public protector's findings on this matter "despite the comprehensive submission sent to her office during the course of the investigation".

He said the executors of the late CCC Hennop wrote to the council to offer the stand as a donation in lieu of outstanding rates.

This offer did not meet the requirements of the donation policy of council, resulting in the property being bought by Vaughn Summerton in an open market at a later stage.

The municipality had no involvement in this, Nast said.

"The internal auditors, CMS Incorporated, investigated this matter and confirmed that a separate register was kept and maintained for donated property.

"I have written to the protector today to clarify the facts of this matter and to request that she adjusts her report accordingly," said Nast.

"No government is perfect. Good governments acknowledge this and strive towards the highest standards of financial management and service delivery."

Midvaal municipality had set the standard in Gauteng for good governance over the last ten years with eight unqualified audits from the auditor general under its belt, Nast said.

  • Thandiwe - 2011-11-08 22:51

    Nice to see co-operation and a willingness to improve.

      Jakaroomba - 2011-11-08 23:19

      Thandi you obviously do not know Midvaal or trying water down the situation for whatever reason. I lived in walkerville for over 8 years and experienced the corruption and incompitency of that manucipality. This public protector is not the first one to tackle Midvaal over these irregularities

      Aisha - 2011-11-09 09:52

      @Thandiwe you can think better than this.

  • Maxodin - 2011-11-08 23:46

    @jakaroomba, I have never lived in Midvaal and am curious about the corruption you have experienced. Can you give us an insight into said corruption please? It would be interesting to know.

      UrMuZe - 2011-11-09 10:37

      I moved to Marble Hall a number of years ago but did not sell my house in Midvaal. I rented it out. I went to the municipality and split my account, water and rate. Closed the water account as the tennants had to open their own account for water. After a few months these tennants absconded without paying rent. So I moved back and opened the water section of my rates account again, paying a deposit. A few months later a friend who is an estate agent phoned and asked why my property is on a list for auction the next week. I knew nothing about it and got my lawyer to see if he could find out what was going on. Midvaal had put my property up for auction via that lawyer, without me being informed what so-ever. Reason, the tennants water account was in arrears for just under R3000, but apparently I was responsible as I was the owner, though I was never informed about these arrears. Not only had I to pay the arrears, but also all kinds of costs,to retain my property. This auction was never advertised anywhere, and if my friend didnt see it on this list my house would have been sold from under my arse. I later heard that this this selling off of someone's property is not legal as moveable goods such as tv's and furniture should be sold off first. I am aware of at least 2 cases where the same kind of thing happened to former home owners in Midvaal, their properties were sold cheap on auction, bought by the lawyer or a proxy, and sold at massive proffits. never got answers from DA on q

      Tracy - 2011-11-09 13:13

      @ UrMuZe - A friend of mine had EXACTLY the same problem in East London which, by the way, is an ANC led minucipality. Her attorneys had a major problem trying to sort the mess out with the municipality, despite all the paper work she had as proof.

  • notbuyingface - 2011-11-09 00:01

    Typical hypoctrites, elsewhere you call it corruption and boetie boetie, the one inhouse 'imperfection'. shame on you.

      Wanga - 2011-11-09 00:12

      lol, they make it seem that it is okay to be corrupt as long as you will call it imperfect.

      Mark - 2011-11-09 06:50

      "When we have an affair it's love. When others have an affair it's scandal." - Korean Proverb.

      New - 2011-11-09 07:04

      @notbuyingface. @Wanga. Corruption is everywhere and always will be, its how its dealt with that matters. 1) they don't deny this. 2) Then caught out, blame it on someone else.(appartheid, framed, and so on) 3) This guy won't be doing any business with the DA again.

  • Gees - 2011-11-09 00:05

    Is this the shocking outcome, other corruption stories talk about 100's of millions, how about starting with those larger issues, and when those are sorted out, drift down to this smaller stuff, come on, conflict of interest, is that it, how about the 100 million rand party that the ANC is throwing. Scrap the party and build 200 houses for the poor, put 500 kids through school and college, or just give the poor some good food and clean clothes. Or not, I'm "white" so I'm "racist" what do I know.

      Kevin - 2011-11-09 10:39

      The article is about Midvaal maladministration work and not the ANC party but any way this party is for ANC and its has personal sponsors in the event of these parties donations will be made to organisation that deal with different kinds of issues so the 100milliom will not only go to people drink and parting only .

  • VOR - 2011-11-09 00:31


  • Maxodin - 2011-11-09 00:56

    I find it funny how I get a thumbs down for asking more for more information or a qualification on a statement in the public domain. I truely am interested to know. I mean I don't know Jakaroomba so how can I just trust her word?

      Maxodin - 2011-11-09 00:58

      Oops his word

  • Blip - 2011-11-09 01:35

    Mayor Nast's response is convincing and it seems Ms Madonsela made more than one factual error in her report. Given the factual corrections, the scale of offending is much reduced -- almost to a bagatelle.

  • Bloubul Jonck - 2011-11-09 05:40

    Definitely not you or the anc

  • christo.boshoff1 - 2011-11-09 06:26

    It's just amazing that the ANC only targets the successful Opposition run Municipalities, but fail to acknowledge or report the vast majority of municipalities that are truly run down and broken! Midvaal has its challenges, but its nothing compared to to all the other municipalities - Parys, Brits, Marble Hall...just to name a few - No water, the entire waste water works system nearly collapsed, no Refuse collection, the roads are in a sham, and it affects everybody, in fact, CORPA had to step in to save whats left to be saved! The Madibeng (Brits & harties ) Municipality is under administration. The people have toi toied in protest of the mayor, but geuss what, she is mayor again!Western cape and all DA led municipalities is ficing the sham the ANC has left them, but still outperforms all opposition led municippalities. Be gratefull you live in Midvaal, the are people less fortunate living in ANC run districts!

      marazor - 2011-11-09 07:33

      hey imbecile... what does the anc have to do with this? your are such a woman's private part you know that... it was FF+ who brought this maladministration case to the attention of the public protector...

  • Breinlekkasie - 2011-11-09 06:38

    Maybe Zuma can learn a couple of things from Zille.

      Azande - 2011-11-09 12:12

      I guess that lesson would be, "U are not alone JZ, we are also corrupt and practise unlawfully"....hahahahaha scumbag.

  • christian.helberg - 2011-11-09 07:28

    I am very confident that the DA will investigate and take appropriate action against those responsible. I would like to point out to any one that is going to try and exploit the situation, that there is no mention of millions of rands that have been corruptly appropriated, no mentioned that municipality is now bankrupt due to theft etc, which is something that happens at most, if not all ANC governed municipalities. Another report confirms this, for those who are incapable of reading between the lines:

      notbuyingface - 2011-11-09 09:13

      just wait for SIU report and then comment.

  • Lloyd - 2011-11-09 08:12

    be the change that you want to see.everyone is corrupt or so they make it seem.

  • THABOM85 - 2011-11-09 08:37

    "No government is perfect, DA says". Why did it take skeletons in their own closet to realise that? Hypocrites!

  • Kgopotso - 2011-11-09 09:44

    But thats not what your members on news24 think..They always boast about your perfection..

  • Kevin - 2011-11-09 10:30

    So as the saying goes check yourself first before you rush to your neighbours.Its good their want to solve this issue but what took them so long ?

  • ludlowdj - 2011-11-09 10:47

    The DA has let us down, this is a very disappointing development, especially as it has obviously been ongoing for some time and has never been picked up by the DA. At the very least it leaves us questioning the Da's ability to properly screen and appoint members and begs the question, what else hasn't come to light? As the official opposition they have let down every person who has ever voted for them and have put their fitness to run the country into question. The question is no longer who is fit to rule but rather who is the lesser of two evils.

  • UrMuZe - 2011-11-09 11:23

    NewDawn: This guy will do bussiness wth the DA again, from what I understand this guy is chairman of the DA in Midvaal!

  • Azande - 2011-11-09 12:16

    Practise what you preach. Let Madonsela probe Western Cape as well. They are dirty just like a lot of ANC municipalities. The difference is that ANC normalises corruption and DA hides it.

  • thabiso.motsoeneng1 - 2011-11-09 12:17

    Haaa, it is surprising that we are forced to accept corrupt tendencies under the disguise that no government is perfect when done by DA, i know DA to be merciless when it comes to corruption and non service delivery but so disappointingly has happened in their own back yard. i am happy finally Hon Thuli has revealed to South Africans what kind of animal DA is, further they(DA) have not even pronunced on the action to be taken against the culprit like they do with ANC. i thought DA is honest and pure but this incident which might be happening on a large scale in the Western Cape but hidden has shown to the world that it is not prune from corrupt elements and cannot be trusted at all. it is for you to judge

  • sefeddt - 2011-11-10 20:03

    I support the DA but really the statement that no government is perfect in this regard is just not good enough for me. Alarm bells should have been ringing long ago, its not like it was a once off occurance. Come on DA you are much better than this.

  • pages:
  • 1