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Tshwane ANC-DA “missing in action” councillors’ legal debacle reaches PP’s door

While the Tshwane ANC caucus has filed an official complaint to the Public Protector’s office against two DA councillors which they allege ‘’wrongfully” received salaries, the DA says the case will hold no water as they believe the councillors did not do anything illegal.

The public protector’s office is looking into complaints by the Tshwane ANC against two DA councillors who allegedly received salaries “without doing their work”.

Earlier this week, the Tshwane ANC caucus took legal action by filing complaints to the public protector against Pretoria east councillor Ernst Botha (ward 44) and Johan Welmans (ward 99, Cullinan and Refilwe in Metsweding).

The ANC claimed that the two received salaries without doing their work while living outside the province and not even in their elected wards.

Public protector spokesperson Oupa Segalwe confirmed that the complaint was being assessed before a decision on whether or not to investigate could be taken.

Segalwe said the outcome of the assessment would be concluded in a few days’ time.

The ANC claimed that Botha migrated to New Zealand and Welmans moved to the Western Cape.

The DA, however, dismissed the claims and said that they were on leave due to family responsibilities and health reasons.

In the complaint, Tshwane ANC leader Kgosi Maepa wrote: “We plea that the public protector assist the people of Tshwane recuperate the money that the two literally stole from the metro.

“We further plea that the two be declared undesired to hold any public office. This matter is urgent and requires speedy investigation and resolution.”

The ANC said they wanted the metro to recoup more than R100 000 in salaries from both councillors.

Maepa said the caucus filed the complaint as they wanted remedial action and investigation of the two councillors and DA chief whip Councillor Christo van der Heever and speaker Katlego Mathebe for “misleading council” by not disclosing the whereabouts of the two councillors in a meeting held earlier this month.

He said the councillors, by policy, were expected to be in close contact with their voters on the ground and to keep the municipal council informed of the real experiences and views of the residents within the municipality. Failure to do so was “violation of the electoral act”.

Earlier this month the ANC opened a corruption and fraud case against the two at the Brooklyn police station.

DA Tshwane Regional Chairperson Mpho Mehlape-Zimu said the ANC’s case will hold no water.

According to the DA, Botha was on leave since 21 December and has since resigned with effect from 28 February, due to family responsibilities in New Zealand.

Welmans was said to have been on leave since the end of November for medical treatment and was in the Western Cape, but still a Tshwane region resident.

“The DA does not believe that there is anything unjust about this case. All councillors are eligible for leave in line with our leave policy approved by the council,” said Mehlape-Zimu.

“One should ask questions as to why they did not react similarly when one of their own applied for sick leave of more than 100 days.

“The leave policy is clear that each case should be dealt with on its merit,” she said.

“We believe that the chief whip acted in line with this policy and used a fair process regardless of political affiliation in exercising his duties when it came to councillors’ leave or discipline over the last few years.”

About the vacant position in the east of Pretoria, Mehlape-Zimu said once Botha’s notice period comes to an end, the metro would declare the vacancy where after the IEC would decide as to when the by-election would be held.

“The DA will in the interim allocate a PR councillor to this ward to assist with service delivery claims until such a time where a by-election can be held to fill the casual vacancies.”

On claims that the service delivery in the areas of the councillors suffered while they were on leave, Mehlape-Zimu said the DA received compliments from residents within these wards with messages of support as both councillors were “active”.

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