3 top City of Cape Town officials face suspension over corruption allegations

21 November 2017

Cape Town – Three senior City of Cape Town officials, including the city manager, have seven days to provide reasons why they should not be placed on "precautionary suspension" after the City Council unanimously adopted a motion to investigate them.

City Manager Achmat Ebrahim, Transport Development Authority Commissioner Melissa Whitehead and Mayor Patricia de Lille's executive director, Craig Kesson, must make their individual submissions by next week Tuesday, the motion reads.

The motion, seen by News24, was brought by Cape Town Deputy Mayor Ian Neilson in a "confidential" council meeting on Tuesday morning.

It states that, due to the "serious allegations" against the officials, the council's Audit and Performance Audit Committee must appoint an independent investigator.

The investigator should conclude their probe within 30 days. The committee, De Lille and Ebrahim will then have seven days to make submissions to the City Council.

Investigations

Ebrahim was also instructed to hand over all relevant documents to the committee.

"Given the allegations against senior councillors and administrators, it is impractical and inappropriate for any person within Council to appoint or carry out any investigation into the matter," the motion reads.

News24 earlier reported that Whitehead was at the forefront of a series of allegations, including that she employed close friends in senior positions, irregularly benefitted from a Chinese electrical bus tender, and had favoured a particular bid in the City's delayed Foreshore project.

Senior sources within the DA caucus told News24 that Ebrahim and De Lille had shut down a forensic investigation into Whitehead.

The sources alleged that Ebrahim had instructed a forensic official, under instruction from De Lille, to discontinue the investigation.

The official is said to have been removed from the City's administration.

Mayoral Committee Member for Transport and Urban Development Brett Herron is also accused of overlooking Whitehead's activities, despite being her direct superior.

'Welcomed the decision'

The City of Cape Town and De Lille's spokesperson, Zara Nicholson, are yet to respond to detailed questions from News24 on the matter.

On Tuesday afternoon, Democratic Alliance Federal Council chairperson James Selfe "welcomed the decision" to establish an independent investigation.

The City of Cape Town is a DA-run administration.

"We have every confidence that the independent investigator will test the allegations appropriately and that, if evidence of wrongdoing is found, the Council will deal decisively with the individuals concerned," Selfe said.

The DA has not yet ruled on alleged misconduct by De Lille relating to security upgrades at her Pinelands home.

De Lille and Mayoral Committee Member for Safety and Security JP Smith were recently suspended from DA activities, including attending party caucus meeting.

De Lille resigned as Western Cape DA leader in January to focus on her mayoral duties. News24

Text of the minutes:

 MINUTES

OF THE CONFIDENTIAL MEETING OF THE COUNCIL OF THE CITY OF CAPE TOWN HELD IN THE COUNCIL CHAMBER, 6TH FLOOR, PODIUM BLOCK, 12 HERTZOG BOULEVARD, CAPE TOWN, ON TUESDAY, 21 NOVEMBER 2017 AT 16H50.

RESOLVED that Council notes the contents of the reports numbered CIC 2/11/17 to CIC 7/11/17, and that the recommendations for all the aforementioned reports be amended to read as follows:

1. That the various allegations against the City Manager, Achmat Ebrahim, the Commissioner of the Transport Development Authority, Melissa Whitehead and the Executive Director: Directorate of the Mayor, Craig Kesson are noted, and Council deems such allegations to be of a serious nature.

2. Council notes that, in addition to the documents presented to Council, Mr Kesson has deposed an affidavit under the Protected Disclosures Act, Act 26 of 2000, as amended, to the Executive Deputy Mayor, who has tabled the affidavit at the Council meeting, and which makes certain allegations against some Councillors and administrators. The affidavit is to be published in full on the agenda of the next Council meeting. Given that the Protected Disclosure Affidavit has been tabled today, any processes relating to the matters discussed in this Protected Disclosure, including disciplinary matters, be immediately suspended until Council is able to apply its mind to the contents on the Protected Disclosure at a following meeting. The affidavit is attached to the minutes as Annexure A.

3. That, given the allegations against senior councillors and administrators, it is impractical and inappropriate for any person within Council to appoint or carry out any investigation into the matter, the Audit and Performance Audit Committee be instructed to appoint an independent investigator to investigate the allegations against all concerned, and the City Manager be instructed to provide the Audit and Performance Audit Committee with the necessary resources to carry out this mandate.

4. That Council authorise such investigator to have full access to all documentation and systems in the City and the right to interview any Councillor or member of staff, or any other relevant person without the need for additional approval.

5. That the City’s Audit and Performance Audit Committee must brief and manage the investigator.

6. That the report of the investigator must be provided within 30 days simultaneously to the Mayor, the City Manager and the Audit and Performance Audit Committee, who must each table this report with the Council within 7 days.

7. That the City Manager, Achmat Ebrahim, the Commissioner of the Transport Development Authority, Melissa Whitehead and Executive Director: Office of the Mayor, Craig Kesson, be given 7 days’ notice to provide written representations to Council why they should not be placed on precautionary suspension. That the representations of the City Manager, the Commissioner, and the ED: DOM be submitted individually and directly to the secretariat in the form of an individual report to Council in each case with their individual signature alone for direct transmission to all Councillors.

8. No changes be made to any delegations until the conclusion of the investigation.

FURTHER RESOLVED THAT:

9. The legal opinion which the Executive Mayor made reference to at the meeting, in regard to Protected Disclosures, attached to the minutes as Annexure B, be circulated to all Councillors.

10. The report submitted by Cllr B Hadebe of the ANC to the City Manager in regard to allegations of misconduct against the Commissioner: TDA, attached to the minutes as Annexure C, be included as part of the investigation and such report circulated to all councillors.

11. The agenda of the Special Confidential Council meeting dated 21

November 2017 be moved into white i.e. the open agenda, and be made available on the City’s website.

THE MEETING ENDED AT 11:45.

ALD D SMIT DATE

CHAIRPERSON

Issued by the City of Cape Town, 21 November 2017 (see here for all documents)