A High Court judgment setting aside the appointment of Ngwathe Municipal Manager, Dr Futhuli Patric Mothamaha, has raised serious concerns about the conduct of former Executive Mayor Victoria de Beer-Mthombeni and the integrity of the appointment process, says the DA

The party said it believes the circumstances surrounding the appointment warrant a full and independent investigation to determine whether material information was deliberately withheld from Council and whether any laws were broken.

On October 2, the High Court declared Council’s decision to appoint Mothamaha irrational, invalid and null and void.

According to the judgment, the MEC had communicated his serious concerns to the mayor before the appointment. He also informed her of his decision to recall Mothamaha from his acting position and advised her to engage the Speaker so that his letter could be tabled before Council.

The mayor subsequently chaired the Selection Panel meeting at which Mothamaha was recommended as the first-choice candidate. The Court found no indication that she informed the other panel members, or Council, of the MEC’s serious concerns.

The Court concluded that, had the mayor disclosed this information, Council would have considered the concerns and seriously reconsidered Mothamaha’s suitability for appointment.

Council therefore made a decision on a critical municipal appointment without material information that could have influenced its decision. This undermines informed decision-making, effective oversight and accountable municipal governance, the DA stated.

The party said as a responsible opposition, the DA has a duty to exercise due diligence, follow up thoroughly on the Court’s findings and demand accountability on behalf of Ngwathe’s residents.

“We will submit a formal criminal complaint, together with affidavits and supporting documentation, to the appropriate investigative authorities. We will request an independent investigation into whether the former mayor deliberately withheld material information from the Selection Panel and Council to facilitate Mothamaha’s appointment, and whether any criminal offence was committed,” the DA said.

“The investigation should determine whether the non-disclosure involved possible fraud or any other offence supported by the evidence. Should evidence of corruption emerge, it must also be investigated. The DA does not presently allege that any improper benefit was offered or received,” the DA said.

“We will further request that relevant correspondence, Selection Panel records, Council documents and electronic communications be obtained and preserved.”

“The judgment does not, in itself, establish criminal intent or guilt. The determination of criminal liability, appropriate charges and prosecution remains the responsibility of the competent investigative and prosecutorial authorities,” the DA concluded calling upon De Beer-Mthombeni to explain why Council was not informed of these serious concerns.

“Ngwathe’s residents and former councillors deserve a full explanation and proper accountability.”