She said she found that the mayor and councillors did not act in accordance with the relevant laws and prescripts regulating S&T allowances the municipality paid in respect of their trip to Colesberg. She said the mayor and two other councillors were paid R2,700 each, while another councillor was paid R6,324.32.
“They did not inform the acting municipal manager about the cancellation of the workshop. They also attended the ANC conference whilst in Colesberg at the expense of the municipality and failed to reimburse the municipality for the amount it paid them or a portion thereof.”
She said their conduct was improper, constituted maladministration and resulted in the misappropriation of public funds, fruitless and wasteful expenditure as contemplated in the Municipal Finance Management Act.
“It may also constitute a breach of the code of conduct contemplated in the Local Government: Municipal Systems Act. This conduct constitutes improper conduct as envisaged in the constitution and maladministration as contemplated in the Public Protector Act,” she said.
Mkhwebane said adverse findings are meant to fix any gaps in the system so that we avoid a recurrence in the future.
“Remedial action on the other hand is meant to bring the complainant as close as possible to where they would have been, had it not been for the maladministration, the improper conduct and the prejudice. This is critical because this institution is one of the most cost-effective ways of accessing justice.”