MAKHADO (LOUIS TRICHARDT) – "It seems as if the ANC in the Makhado Municipal Council finds lawlessness and total disregard for the rule of law, quite natural and acceptable. It seems as if the Speaker does not really understand the provisions in the Bill of Rights."

This was the reaction this week to several highly contentious developments in the local council. It includes action, which has placed the impartiality of the Speaker into serious doubt, and also raises questions about the weight of official statements by the Mayor.

The current debacle about the Municipal Manager's remuneration and the outrageous turn-about on the unauthorized expenditure on certain allowances and perks for Councillors, surfaced in the official Opposition's reaction to Council's continued blunderings.

Opposition spokesperson, Cllr Marie Helm (DA), reacted in a media statement to what she labelled as yet another effort to "silence" DA councillors and the apparent perception amongst ANC councillors that they are above the law and can do just as they like – at the expense of taxpayers.

Cllr Helm, who is the elected councillor for Ward 1 and local Chairperson of the DA, refers in her media statement to a letter dated July 22 in which the Speaker announced: "I hereby inform you that you have breached the Code of Conduct for councillors by unauthorized disclosure of information where Council or a Committee did not mandate you to do so."

Cllr Helm says it seems as if the common law rules of natural justice, which requires that persons affected by a decision should be given a fair hearing and that decision-making must be reasonably perceived to be impartial, are simply ignored by the Speaker.

"Questions which remain unanswered are: When was the hearing conducted in which Cllr Helm was found guilty? Who participated in that hearing? What are the exact dates on which Cllr Helm committed the alleged unauthorized disclosure of information? To whom did she allegedly provide unauthorized information? Does the Speaker regard herself as "impartial" in the light of the fact that she already seems to have broken two common law rules?

"It seems as if the bonus of the Municipal Manager and the administrative issues surrounding this matter, might be the real reason behind the sudden oppressive action. Unanswered questions in this issue are: Who signed the employment contract in which the bonus was specified? Who signed the cheque for the bonus that was paid out, late in 2002? Was a copy of the signed employment contract tabled at a Council meeting? These are the real questions that still need to be answered"

The media statement also refers to what is called the 'empty words' of the mayor during the Budget speech, about the continued debacle over councillors' cell phone allowances and the vehicle loan scheme for full-time councillors. "During the budget speech the Mayor, full of bravado, announced that cellular phone allowances for councillors will not be provided for in the 2003/4 financial year and that the Municipality's Vehicle Loan Scheme for full time councillors will also not be provided for, and that all councillors who participate in the scheme, must arrange own financing before 30 June 2003.

"During the Council meeting which took place on Wednesday July 30 2003, not even two months into the new financial year, however, Council decided 'That the implementation of the resolution about the redemption of vehicle loans, be postponed to the date on which the terms of office of the relevant councillors expires. Also, that the implementation of the resolution about cellular phone allowances be postponed to the date on which the user's agreement expires, i.e. 12 November 2004.'"

Early in 2002 the MEC for Local Government and Housing had already informed the Mayor in writing that full-time councillors should arrange private financial assistance from private financial institutions and terminate the loan scheme from the municipality before March 2002. The MEC stated in his letter, dated 18 January 2002: "According to Government Gazette no. 22726, your municipality is implementing double subsidization by allowing councillors to further claim for kilometres travelled".

The DA media statement refers to the Speaker's conduct during the latest council meeting and comments: "The unprofessional remarks of the Speaker, who seems to fully support the greedy actions of the ANC councillors, will not deter DA councillors from exposing lawlessness and limitless greed. The DA would expect of a Speaker as chairperson of Council to at least be knowledgeable about basic legislation and rules, but it seems too much to ask in this case. This country is indeed paying dearly for incompetence and unwillingness of office bearers to adhere to even the basic provisions of the Constitution."