Fraud charges laid after Oudtshoorn appointment saga

A political uproar erupted in the Oudtshoorn municipality after a senior official was moved back to his old position, allegedly without following due process.

A councillor and member of the Oudtshoorn Community Initiative (OGI), Colan Sylvester, has now laid fraud charges against the Mayor, Chris Mcpherson, Municipal Manager Walter Hendricks and Speaker Johan Allers.

Police in Oudtshoorn confirmed that a case of fraud was opened on 30 August, and spokesperson Sergeant Christopher Spies said the investigation continues.

Sylvester said the move followed a directive by MEC for Local Government, Anton Bredell, to Mcpherson to rescind an ‘’irregular’’ appointment of Llewellyn Coetzee as Director Planning and Development.

Bredell noted that Coetzee did not meet the minimum requirements for the position, which included a Bachelor of Science in Building Science / Architect degree, or a Bachelor’s Degree in Town Planning or Regional Development Studies or an equivalent qualification.

He further noted that Coetzee's appointment to the Director position was ‘’null and void’’.

Sylvester said when the position was first advertised earlier in the year, the Recruitment and Selection Panel noted that none of the applicants, including Coetzee, possessed the minimum requirements.

However, it was re-advertised, and Coetzee applied, even though he did not meet the requirements, and was selected.

Spokesperson for the Bredell, Wouter Kriel, confirmed the directive.

Sylvester said after receiving the directive, Coetzee was moved from the position as Director back to his old one of Senior Manager, Development and Planning.

‘’When Council met on 24 March 2023, it took a decision to remove the position of Senior manager for Planning and Development based on the fact that Coetzee was now appointed to a higher position as a Director. Opposition parties voted against the amendments.

‘’However , instead of executing Bredell's order, Coetzee was returned to his old position, which was non-existent and not budgeted for. The position was not advertised, and no selection process was followed. It will now incur irregular expenditure, and that can be construed as financial misconduct,’’ said Sylvester.

He added that opposition parties in Council also voted against a proposal to reappoint Coetzee.

However, Mcpherson said an agreement between Hendricks and Coetzee was that, in the event of non-concurrence by Bredell, Coetzee would revert back to his previous position.

‘’Whilst the position was removed initially, it was put back on the organogram when the non-concurrence letter from the MEC was tabled in council,’’ said Mcpherson.

Sylvester would have none of it.

‘’The fact of the matter is that the agreement was not reflected in Coetzee's job offer letter, nor was it reflected in the job contract he signed’’.

Mcpherson said: ‘’This was a verbal contract that was put in writing during the process, which was followed after receiving the letter of non-concurrence’’.

Sylvester also asked Bredell to intervene in the matter.

Kriel said Bredell was informed that, on 1 August 2023, Council ‘’resolved’’ that Coetzee be placed back in the position of Senior Manager: Planning & Development ‘’due to the impermissibility of the appointment of Mr Coetzee as Director: Planning and Development’’.

The Local Government Systems Act stipulated that ‘’no one may be employed in a municipality unless the post to which he or she is appointed is provided for in the staff establishment of that municipality.’’

The Act further states that anyone who takes a decision in contravention of such, might be held personally liable for any irregular or fruitless and wasteful expenditure.

Sylvester said the re-appointment of Coetzee as Senior Manager Planning and Development was ‘’therefore in breach of the current organogram.’’