At a Special Council meeting held Monday, 27 January 2025, a motion of No-confidence was tabled and passed against Swellendam Executive Mayor, Francois du Rand. 

At the meeting the Executive Mayor was ousted, with 6 votes in favour of the motion, and 5 votes against. With the Mayor removed from office, the Executive Committee of Council was disbanded accordingly. All councillors (11 in total) are collectively responsible for matters of Council until such time that a Mayor is appointed. 

The position of Speaker (also the VF+ Councillor) will remain intact. Swellendam does not currently have a Deputy Mayor. 

On request of the ANC whip it was agreed to postpone voting and appointment of the new Executive Mayor to Monday, 3 February 2025 (09:00).  Nominations for the Mayor position must be handed in on Friday, 31 January 2025. 

On what basis were the Executive Mayor (EM) removed, and what was his response to the allegations? 

The Motion of No-Confidence is based on documented evidence, legislative violations, and community feedback regarding the performance and conduct of the EM.  It was brought before Council by ANC Cllr Amanda Swart, with ANC Cllrs Gladys Libazi, Julian Matthysen, Isaac Ferguson and Donovan Julius as secondees. 

The following 20 points formed the grounds for the motion (read with EM response to each) – Items are summarised.  [See Langeberg Bulletin facebook page for a detailed items list with responses]. 

1. Failure to Implement Council Decisions – On 11/10/24, against Council decision, EM failed to provide Acting MM Saptoe with letter of appointment. 

[EM response] EM did not disclose any privileged or confidential information discussed during these Council meetings, only the outcomes (Council’s decisions).  This was shared with all municipal staff, residents and the media, and prudent to keep staff and residents informed of decisions that will impact municipal operations and that are in the public interest. Nothing unlawful about this. 

The Speaker’s media statements however were quoted in the Langeberg Bulletin on 31/10/24 and 8/11/24 on newsplatform Netwerk24. 

1. Disclosure of Confidential information – EM disclosed confidential in-committee information from council meetings held on 23/10/24 and 4/11/24, and shared a confidential letter from a councillor to MM Vorster with the media. 

[EM Response] No privileged or confidential information discussed during these Council meetings were disclosed, only the outcomes (Council’s decisions), shared to all municipal staff, residents and the media. It is prudent to keep staff and residents informed of decisions that will impact municipal operations and that are in the public interest. Nothing unlawful. 

Public access to the Council’s decisions is a fundamental part of public involvement in the democratic process, as per our Constitution.  The EM wants to focus the Speaker’s attention on his own media statements that appeared in the Langeberg Bulletin on 31/10/24 and 8/11/24on newsportal Netwerk24.  As Speaker alleges the EM did not share a confidential letter addressed to MM Vorster with media outlets. 

1. Failure to Provide Proper Documentation to MM Vorster –  EM failed to provide formal notice to the MM, as required by Council’s resolution for her to respond within 7 days regarding allegations against her. Key deficiencies included exclusion of relevant facts related to the council decision and omission of details from the “Report on the Acts of Misconduct committed by Anneleen Vorster”. 

[EM response]  5 ANC Cllrs and the VF+ Speaker voted for the ANC’s recommendations.  EM informed the MM and the CFO about the resolutions as they submitted their representations from the union IMATU and their attorneys within 7 days. These submissions were presented to Council on 18/12/24. EM cannot answer any vague allegations, such as exclusion of relevant facts related to the Council decision and the omission of details from the ‘’Report on the Acts of Misconduct committed by Anneleen Vorster. 

1. Failure to Address Environmental and Sewerage Concerns: EM failed to report spills on 7 & 10 September 2024, alleged effluent discharge from SOILL into the Klippe River (reported 2/10/24) or report these incidents / water quality updates to Council, leading to environmental harm and risks to public health. 

[EM response] The Administration addresses all incidents regarding sewerage spills (cleaning up, informing all relevant stakeholders and authorities, and reports incidents as NEMA transgressions to the Department of Environmental Affairs). Incidents were reported to Council via the relevant portfolio and as MM reports to Council – an administrative function, not of EM.  

Monthly water quality reports are sent to all Cllrs. 

1. Neglecting to Act on Misconduct Allegations: EM did not initiate disciplinary actions against senior managers as required. 

[EM response] Disciplinary actions were initiated as per Council resolutions. 

1. Leaving a Council Meeting Without Permission: left an in-committee council meeting on 4/11/24 without the speaker’s permission. 

[EM response] At the meeting only item number AA9 was discussed. After voting, the Mayor believed the meeting had concluded. After conclusion of the meeting, the Speaker realised that the recommendations did not include appointing an acting MM (even though the EM had already made several requests to the Speaker to confirm completeness of the resolutions before voting took place). The Speaker wanted advice and told the Mayor he could leave the meeting if he wanted to, but at the same time inconsistently said he would charge the Mayor if he left the meeting. EM left the Council Chambers. 

1. Issuing Illegal Instructions: on 12/11/24 unlawfully directed Acting MM Saptoe to convene council meetings, against procedural requirements. 

[EM response] During the Speaker’s absence for 10 days (5/11 to 15/11/24) and after numerous email and letter requests without providing proof to the Council of his apparent incapacity, the Council needed to elect an acting Speaker so that it could make decisions on inter alia letters received from MM Vorster’s attorneys and the Office of the MEC. In the absence of a Speaker, an MM must convene a meeting to elect an acting Speaker.  Saptoe was sent letters to convene meetings – this was not illegal.  Although apparently incapacitated, the Speaker instructed Saptoe to cancel council meetings which led to Mindo Shapiro and Smith taking the Speaker, the Council, the Municipality and Saptoe to court. 

1. Obstructing Council Decisions: by refusing to oppose legal action instituted by MM Vorster on 14/11/24. 

[EM response] During a meeting between the Mayor, Saptoe and the Municipality’s legal representative to discuss the legal notice from MM Vorster’s attorneys, Saptoe emailed the Mayor and the Speaker to inform them the delegation resides with the EM to oppose legal action. The EM formally informed the Speaker and Saptoe that he would not exercise this delegated power to oppose the matter.   

Saptoe later informed the Mayor and the Speaker that she sought legal advice and as judgment had not yet been issued on MM Vorster, the decision to oppose or not oppose MM Vorster’s application on behalf of the Municipality rested with the Municipality’s accounting officer (Saptoe on an acting basis, although later overturned), and not the EM.  Therefore Council had not delegated this power to the EM, and it would have been an irresponsible, irregular and unlawful action. 

1. Unbecoming Behavior: EM allegedly engaged in indecent exposure and intoxication at a Barrydale event on 8/11/24 – contrary to the ethical standards expected of an EM. 

[EM response] EM denies intoxication (severe or otherwise). He had a meal with his wife, friends, and Barrydale residents. EM participated in an informal arm-wrestling contest and joined in by removing his shirt when the opponent removed his shirt; afterwards, he put his shirt back on. 

Nothing stopped EM performing the functions of his office in good faith, honestly, and transparently and the integrity of the municipality were not compromised. 

1. Unlawful Labor Practices: Allegedly engaged in unauthorized labor practices and solicited donations for rangers in the security sector. 
    

[EM response] EM does not take donations “for and operating an alleged unlawful labour practise with rangers in the security sector in Swellendam,” which contravenes the Labour Regulations, as alleged.  Tourism business owners and residents voluntarily donated to CAP (Community Action Partnership), an NPO, to help fund an initiative called SwellendamSafe to address the harassment of members of the public on Swellengrebel Street. 

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. 

[EM response] 75% of capital projects were completed for the financial year 2023/2024. The unfortunate burning of the main municipal building and the offices at the Thusong Centre in Railton impacted procurement, supply chain processes and operations.  Implementation of projects and SCM processes is not the function of the EM. 

1. Delay in Appointing a Director of Infrastructure: inability to fill this critical position promptly has hindered effective service delivery – inefficient efficient municipal management. 

[EM response] The post was advertised 3 times. After evaluation of applications, Council-appointed panel completed two successful selection processes. With the 1st selection process, none were successful, and with the 2nd the panel had a compliant candidate who did not accept the offer. Council decided to advertise for a 3rd time. The selection process could not be completed because Council suspended the MM and could only be completed with her reinstatement by the Western Cape High Court. 
 

The successful candidate accepted the offer and will be able to take up the position of Director of Infrastructure in February after approval by the Minister.  
 
The Municipality had to appoint an acting director from within the infrastructure personnel on various occasions.  One acting appointment was an external engineer who was legally compliant for the post and thus did not incur irregular expenses (contrary to the unlawful appointment Saptoe as acting MM). 

1. Concerns Over Illegal Activities: allegations of unauthorized alterations to municipal property, (the museum), remain unaddressed. 

[EM response] EM has not made any alterations to any municipal property – the museum is not the property of SweMun and the EM has no authority over the museum’s assets and operations. Over the last 8 years, especially around election time, the ANC has laid charges with SAPS against the Mayor.  Charge is Nolle Prosequi (prosecutor has decided to drop a charge). 

1. Inadequate Responses to Community Concerns: neglecting housing and service delivery issues in Suurbraak and other areas. 

[EM response] EM cannot answer vague allegations. His office receives service delivery grievances daily from residents across the municipal area. 

1. Insufficient Legislative Knowledge: Demonstrates inadequate understanding of legislative frameworks, impacting governance effectiveness. 

[EM response] Can the ANC and VF+ Speaker please elaborate? 

1. Lack of Transparency: Withheld critical information and failed to acknowledge administrative and governance failures. 

[EM response] EM remains unclear about information that was withheld or administrative and governance failures not acknowledged 

SweMun received another clean audit for the 2023/2024 FY, seven clean audits in the last eight years. 

The governance rating agency Ratings Afrika has recently identified Swellendam Municipality as the third most financially sustainable municipality in South Africa. 

Ratings Afrika published the Municipal Financial Sustainability Index (MFSI), which gauges financial sustainability based on an analysis of six components: 

• Operating performance;
• Liquidity management;
• Debt governance;
• Budget position;
• Affordability;
• Infrastructure development.

1. Ineffective Leadership: Reactive and isolated management style, prioritizing specific constituencies over the broader municipal interests. 

[EM response] Council’s applied standards are unclear.  The Auditor General, Ratings Afrika and most of Swellendam Municipality’s residents do not share the opinions of the ANC and VF+ Speaker. 

1. Breach of Confidentiality Regarding the Vermaak Report: EM is alleged to have shared the confidential Vermaak Report with unauthorized parties. The report, received on 1/12/24 remains subject to council confidentiality, which has not been lifted, contravening council rules. 

[EM response]  EM has not shared the Vermaak Report with unauthorised parties. The Speaker and ANC have shared the report with Tess Engineering – their employees are posting it on social media and sharing it with residents. 

1. Unauthorized Amendments to the Vermaak Report: EM is alleged to have made unauthorized changes to the Vermaak Report and submitted an altered version to SAPS. Additionally, the attachments substantiating the report were withheld, undermining transparency. 
    
   [EM response] EM presented the Vermaak report with annexures and a signed letter to the Council in an in-committee Special Council meeting held 4/12/24.  Relevant documents for the Council meeting were annexed 

EM submitted a hard copy file to Swellendam SAPS on 5/12/24 and received enquiry number 1/12/2024. The file contained Council Item AA13, Vermaak’s report, the DA and the final ANC recommendations. The Mayor did not submit the report’s annexures as council resolution stated the report. 

Swellendam SAPS advised EM that the Commercial Crime Unit in Cape Town needed a statement from him. EM met with SAPS to ascertain precisely what his statement under oath should contain. SAPS questioned the Mayor about the notes on the report on 5/12/24. The Mayor realised he had submitted a report with his own highlights and typed notes and submitted the original report without notes or highlights, as well as the annexures. 

1. Allegations of Bribery: Alleged bribery involving a specific ANC councillor, mentioned in the media. This raises serious concerns about ethical governance and the integrity of council processes. 

[EM response] EM denies any allegation of bribery.