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Hire locals or face consequences

Operation Dudula issued a seven-day ultimatum to Hermanus employers, demanding the replacement of foreign nationals in local workplaces with South African nationals. In a peaceful protest on Friday 31 July, Operation Dudula – an anti-migrant organisation and registered political party – presented a memorandum to local business owners. Hermanus Times was in attendance. The memorandum called for employment priority to be given to locals while establishing the basis of these demands on South African labour laws, the Employment Services Act and the Immigration Act. These included the Immigration Act 13 of 2002. Photo: Ishmael Mabena

Double payment debacle T

he Theewaterskloof Municipality (TWK) finds itself at the centre of a deepening controversy again as questions pile up over double payments made to Executive Committee members and possibly other councillors during the December 2024 festive period – and over the recovery of court costs from a former mayor. The double payment saga has been flagged publicly. In February this year, the ANC raised allegations of “instances of double salary payments” at TWK during the ANC/GOOD/PA/FF+ and EFF coalition that took office in September 2024, calling for the recovery of irregular salary payments and demanding accountability from officials implicated in the maladministration. The party urged that precautionary suspensions be considered for officials credibly linked to misconduct, pending independent investigations under the Municipal Finance Management Act.

Maladministration at TWK municipality Concerned residents of the Theewaterskloof Municipality have the following questions: • Why were Exco members and other councillors paid double over the December/ January period? • Who authorised the double payment? • Has the money been recovered from the councillors in full? If not, who remains liable for repayment? According to sources several councillors who allegedly received the double payment are no longer serving on the Council. FORMER MAYOR’S COURT COSTS Compounding the municipality’s financial woes is the matter of the High Court judgment in the case between Theewaterskloof Local Municipality and the Council of Theewaterskloof and Others (case number

23535/2024), delivered by the Honourable Justice Slingers on 2 December 2024. The court found that the Municipality’s urgent application - which sought to interdict the Council from proceeding with a vote of no confidence against them - was an abuse of process. The court ruled that a municipality cannot legally institute proceedings against its own council, that the former mayor lacked the necessary authority under Council Resolution C21/2024 to bring the application, and that the timing and service of the application rendered it effectively an ex parte application. Justice Slingers set aside the original order granted by Justice Ndita on 31 October 2024 and ordered the former mayor to pay the costs of the application, including the costs of counsel, on an attorney-client scale in his personal capacity.

The court noted that the former mayor had received notice of the planned council meeting as early as 23 October 2024 but waited until the morning of 31 October to launch the application – giving opposing parties a mere 38 minutes to file a notice to oppose and 68 minutes to file answering papers. The former mayor also failed to disclose his delay in his affidavit. The court ordered the former mayor to personally carry the costs. According to a source, the amount has not yet been paid. The municipality is already under a Section 139(5) intervention, placed under financial administration by the Western Cape Government in November 2024. A financial recovery plan has been developed with provincial and National Treasury. The Auditor-General has flagged the municipality as “non-compliant with legislation”, with irregular expenditure soaring to R262 million and unauthorised expenditure of R49 million in the 2023-’24 financial year alone.