On the 22nd of February 2023 we submitted to the Municipal Manager several complaints of serious misconduct and financial misconduct against the Acting CFO, Ms. Sotshede and the Acting Director of Corporate Services, Mr. Luvuyo Loliwe. The appointments of Sotshede and Loliwe are the subject of MEC Bredell’s pending court application to have them set aside.
The complaints must be tabled before council within seven days of receipt thereof, or at the next sitting of council. In other words, the Municipal Manager has a legal obligation to table the complaints before council tomorrow, which is both within seven days from the date on which the complaints were submitted, and the next sitting of council.
Complaints have been submitted against both Sotshede and Loliwe in connection with their alleged role in the “Bug-Gate” contract, where grant funding intended for Knysna Animal Welfare Society was shamefully diverted to an unqualified contractor for, inter alia, the de-bugging of municipal offices and phones.
An investigation into Loliwe’s role in the illegal appointment of the political support staff and his role in defending the ensuing court case to set aside those appointments, as well as the urgent interdict application to stop payment of their salaries, has also been requested. The urgent interdict set the municipality back some R450 000 in legal costs, and resulted in a finding by Justice Henney that Loliwe, Deputy Mayor Marbi, Mayor Aubrey Tsengwa and others had lied to the court, intending to commit a “fraud on the court”. Henney found that their conduct was flagrant, shameless, reckless and calculating, that they had blatantly tried to mislead the court, and that they had frustrated all attempts to regularise the illegal appointments or have them set aside.
An investigation into the methods allegedly used to pay the support staff has been requested against both Loliwe and Sotshede and/or any other officials who may have been involved.
Sotshede prepared an unfunded and non-compliant roll-over adjustment budget in August 2022 and advised council that it was compliant, resulting in the approval of an unlawful adjustment budget. The non-compliant budget has serious implications for the municipality and we have asked for an investigation into her conduct.
We have received various complaints about, and have taken note of, Sotshede’s regular absence from work and have therefore called for an investigation into the reasons for her absence, and whether she had received the requisite approval.
During the week of the 14th of February 2023 Loliwe, without any authority from council, allegedly instructed the housing directorate to immediately move into the Knysna Tourism Offices on Main Street. This was done without any consultation of councillors or stakeholders. We have also called for an investigation into his conduct and/or the conduct of any other municipal official in connection with the move.
We have not yet received notification that the matter will serve before council tomorrow, but we will report after the council meeting on whether the matter was on the agenda, and whether council has authorised an investigation.
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