Motion of No Confidence in the Executive Mayor of Swellendam, Francois du Randt Introduction

This motion serves to formally express no confidence in the Executive Mayor (EM) of Swellendam, Francois du Randt. It outlines instances of non-compliance with the duties, obligations, and responsibilities as stipulated under the Municipal Structures

Act (Act No. 117 of 1998) and related regulations. The motion is based on documented evidence, legislative violations, and community feedback regarding the performance and conduct of the EM.

Mover and Seconders of the Motion

Mover: Amanda Swart
Seconders: Gladys Ubazi, Julian Matthysen, Isaac Ferguson, Donovan Julius

Grounds for the Motion

Failure to Implement Council Decisions:
- On 11 October 2024, the EM failed to provide Acting Municipal Manager Roslyn Saptoe with her letter of appointment, thereby disregarding a
- council decision in violation of Section 54A of the Municipal Systems Act.
Disclosure of Confidential Information:
- Breached Item 10 of the Code of Conduct for Councillors by disclosing confidential in-committee information from council meetings held on 23 October 2024 and 4 November 2024.
- Shared a confidential letter from a councillor to MM Anneleen Vorster with the media.
Failure to Provide Proper Documentation to MM Anneleen Vorster:
- Contrary to the Disciplinary Regulations for Senior Managers (2010), the EM failed to provide formal notice to the MM, as required by Council’s resolution (AA13/04/12/2024), for her to respond within 7 days regarding allegations against her. Key deficiencies included:
  - Exclusion of relevant facts related to the council decision.
  - Omission of details from the “Report on the Acts of Misconduct committed by Anneleen Vorster” (Item AA13).
Failure to Address Environmental and Sewerage Concerns:
- Violated provisions of the Municipal Systems Act (Act No. 32 of 2000) by neglecting incidents of sewerage spills and effluent discharge into rivers, including:
  - Spills on 7 and 10 September 2024.
  - Alleged effluent discharge from SOILL into the Klippe River (reported on 2 October 2024).
  - Failure to report these incidents or provide water quality updates to the council.
- This neglect has led to environmental harm and risks to public health.
Neglecting to Act on Misconduct Allegations:
- Did not initiate disciplinary actions against senior managers as required under the Disciplinary Regulations for Senior Managers (2010).
Leaving a Council Meeting Without Permission:
- Left an in-committee council meeting on 4 November 2024 without the speaker’s permission, contravening Section 5(1) of the Code of Conduct for Councillors.
Issuing Illegal Instructions:
- On 12 November 2024, unlawfully directed Acting MM Saptoe to convene council meetings, violating established procedural requirements.
Obstructing Council Decisions:
- Undermined council authority by refusing to oppose legal action instituted by MM Anneleen Vorster on 14 November 2024.
Unbecoming Behavior:
- Allegedly engaged in indecent exposure and intoxication at an event in Barrydale on 8 November 2024, contrary to the ethical standards expected of an Executive Mayor.
Unlawful Labor Practices:
- Allegedly engaged in unauthorized labor practices and solicited donations for rangers in the security sector.
1. Failure to Address Infrastructure Project Issues:
- One out of four infrastructure projects planned for 2023/2024 has either not commenced or remains incomplete, showing neglect of statutory obligations.
Delay in Appointing a Director of Infrastructure:
- The inability to fill this critical position promptly has hindered effective service delivery, violating the principles of efficient municipal
- management.
Concerns Over Illegal Activities:
- Allegations of unauthorized alterations to municipal property, including the museum, remain unaddressed.
Inadequate Responses to Community Concerns:
- Neglecting housing and service delivery issues in Suurbraak and other areas, undermining Section 56(2) responsibilities.
Insufficient Legislative Knowledge:
- Demonstrates inadequate understanding of legislative frameworks, impacting governance effectiveness.
Lack of Transparency:
- Withheld critical information and failed to acknowledge administrative and governance failures.
Ineffective Leadership:
- Reactive and isolated management style, prioritizing specific constituencies over the broader municipal interests.
Breach of Confidentiality Regarding the Vermaak Report:
- The Executive Mayor is alleged to have shared the confidential Vermaak Report with unauthorized parties. The report, received on 1 December 2024, remains subject to council confidentiality, which has not been lifted, contravening council rules.
Unauthorized Amendments to the Vermaak Report:
- The Executive Mayor is alleged to have made unauthorized changes to the Vermaak Report and submitted an altered version to the South African
- Police Services. Additionally, the attachments substantiating the report were withheld, undermining transparency.
1. Allegations of Bribery:
- Alleged bribery involving a specific ANC councillor, as mentioned in the media. This raises serious concerns about ethical governance and the
- integrity of council processes.
Special Council Meeting
This motion calls for a special council meeting to deliberate and vote on the motion of no confidence against the EM. The meeting is scheduled for:
- Date: Within 10 days of receipt hereof
- Time: To be determined by the Speaker.
- Location: Swellendam Municipality Council Chambers.
The Executive Mayor will be provided an opportunity to respond to all allegations during the special council meeting, in compliance with principles of natural justice.

Supporting Evidence
This motion is supported by the following sources:
1. Public Documents:
  - Budget for 2023/24
  - Service Delivery Plan for 2023/24
  - Integrated Development Plan (IDP) for 2023/24
2. Council Resolutions:
  - Item AA13/04/12/2024
  - Item AA14/04/12/2024
3. Regulations and Policies:
  - Municipal Structures Act, 1998
  - Disciplinary Regulations for Senior Managers (2010)
4. Community Complaints and Councillor Feedback:
  - Complaints from residents regarding service delivery issues.
  - Observations from councillors performing their duties.
Recommendations
1. Council Deliberation:
  - That a special council meeting be convened within 10 days of receipt of this motion to deliberate on a motion of no confidence and to vote on the removal of the Executive Mayor, based on the reasons outlined above.