THE publishing of a forensic report exposing alleged tender irregularities within the supply chain management at the DA-led Swellendam Municipality will come under scrutiny when council convenes on Wednesday.
It is the same report that is said to have been central in the removal of DA mayor Francois du Rand which opposition parties said was being swept under the rug when they voted in favour of an ANC-sponsored motion of no confidence.
He was re-elected last week, after the FF Plus replaced former speaker, Juan van Schalkwyk who had resigned on principle and refused to vote for Du Rand.
The report by Advocate Etienne Vermaak, an independent investigator, made a long list of scathing findings, recommending criminal charges to be brought against implicated officials.
It found that Supply Chain Management processes were manipulated, stating that the fact that work was done and paid for by the municipality to a service provider who was never appointed by the municipality was a serious form of financial misconduct/irregular expenditure and possible corruption.
Vermaak also found that a consultant had “manipulated the procurement process of Swellendam Municipality, by finding ways and means to advantage the employer of his son. These ways and means included giving points to (the company), which it did not deserve (for instance for locality in Swellendam) while (the company) has no offices in Swellendam. It also included reducing the scope of work, to obtain a different successful bidder and the concealment of his son’s identity.”
Vermaak recommended disciplinary action and consideration be given to criminal charges against senior officials implicated.
In Wednesday’s council meeting agenda seen by the Cape Times, municipal manager, Aneleen Vorster, also named in the report, said: “Council resolved on 3 February 2025 to make the preliminary Vermaak report available to the public, against the advice of the Accounting Officer as explained by the Executive Mayor during his input in Council. The Vermaak report was subsequently published on the municipal website and made available at libraries on 5 February 2025.
“Councillors are referred to the legal opinion provided by Council’s attorney, E. Jorge Attorneys. A letter was received from the attorneys for Umzali Civils (Pty) Ltd, Messrs Ryan Hall, instructing Council to remove the Vermaak report from the public domain and warning Council that they hold the right to claim damages from Council. In engagements with other implicated parties in the Vermaak report, the same indication to claim damages for reputational and financial loss, will be instituted against Council.
“This claim will not be the only claim against the Municipality, which must ultimately be paid by the ratepayers. As indicated in my correspondence to councillors, the Accounting Officer distances herself from all legal costs and implications on this matter.”
Her report then recommends, “that the letter dated 13 February 2025 received from the attorneys for Umzali Civils Ltd, Messrs Ryan Hall regarding the publishing of the Vermaak Report, be noted. That Council removes the Vermaak Report from the website and libraries immediately and issue a statement indicating the reasons it is doing so. That Messrs Ryan Hall Attorneys be informed accordingly.”
However, Vorster has refused to comment on her alleged implication in the report.
ANC Swellendam caucus member Sydney Setiera: “We don’t agree, it cannot be removed. That company has no grounds for legal action against the municipality or the council because they are implicated with very serious allegations against them.”
Cape Times