Joburg speaker reinstates council's independent investigation committee as pressure mounts
Image: Kamogelo Moichela / IOL Politics
City of Johannesburg Speaker Margaret Arnolds appears to have bowed to mounting pressure from some councillors in the government of local unity to revoke the disbandment of the Special Independent Investigation Committee (SIIC).
The SIIC's establishment was placed under review without any authorisation by the council by Arnolds' predecessor and former ActionSA councillor Nobuhle Mthembu, according to a letter written by Al Jama-Ah Gauteng provincial chairperson Thapelo Amad to the new speaker last month.
Mthembu was voted out in June as speaker and resigned from ActionSA last week.
In the letter, seen by Independent Media, Amad complained that Mthembu had indicated that she would complete such a review of SIIC by May 30 and that this clearly showed that she was not advised that she was usurping the review powers of the council in terms of the Municipal Systems Act.
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The committee was established in June 2023 to investigate the lawfulness or otherwise of the establishment of the city's Group Forensic and Investigation Services (GFIS), as well as allegations of improper and unlawful conduct on its part.
On Monday, Arnolds wrote to the SIIC chairperson, senior counsel Pule Seleka, revoking correspondence sent to him on April 30 by Mthembu. She said the earlier suspension by Mthembu was therefore neither procedurally nor legally valid.
Seleka was appointed in April last year to investigate allegations of corruption by GFIS officials.
In her letter, Arnolds said the work of the SIIC must resume with immediate effect and proceed to conclusion in line with its original mandate, and that she would further appreciate it if the committee expedited the issuing of the investigation report in part or in full.
'Upon careful review of the applicable council resolution, it is evident that only the council, as the body that constituted the committee, holds the authority to suspend or dissolve its operations. The previous suspension was therefore not procedurally or legally valid,' she wrote.
The SIIC was set up after complaints relating to allegations of fraud, corruption, maladministration, and breach of law by the GFIS and others.
In particular, its establishment as a separate unit or department and its inherent powers without approval by the council, the appointment of the GFIS head without compliance with the applicable recruitment processes, and the unlawful investigations it conducted against senior officials and councillors.
The SIIC was empowered to inquire into, make findings and recommendations, and report on the allegations of fraud, corruption, maladministration, and breach of law in the establishment of the GFIS as a separate department, allegations of fraud, corruption, maladministration and breach of law in the appointment of its head as well as allegations of fraud, corruption maladministration and breach of law regarding the implementation of rogue, clandestine, and unlawful investigations.
In his letter, Amad said Mthembu's purported review was irregular and unlawful, and it therefore falls on Arnolds as her successor in title, to withdraw her letter, and cause her to face disciplinary action for contravening a council resolution, which established the SIIC.
He also warned Arnolds against seeking permission from Mayor Dada Morero before withdrawing the letter as this would be unlawful and may contravene the separation of powers doctrine.
'We further advise you that since the SIIC has commenced working, you would be liable for wasteful expenditure in terms of the Municipal Finance Management Act if you allow its operations to be stopped without an investigation report because you approved its terms of reference,' Amad told Arnolds.
In addition, he said to avoid such an eventuality, Arnolds should request the SIIC to conclude its outstanding hearings and consolidate its gathered evidence into a part one investigation report for council consideration and seek further authorisation for its part two investigation.
Amad said he believes such a staggered approach is required in the circumstances, as any attempt to collapse the SIIC's operations without any investigation report having been submitted to the council may have far-reaching implications for her.
In an earlier response last week, Arnolds said Amad's letter was so unfortunate that it left the impression that her office had failed, refused, or neglected to consider it.
'As you are aware, that I was the MMC: Finance at the time Councillor Mthembu stopped the SIIC from conducting its business as per the council resolution, as the new re-appointed speaker, I had to understand the rationale behind Councillor Mthembu's instructions to the SIIC,' explained Arnolds.
She added that as part of understanding the rationale, she had to consult with various internal stakeholders and that the consultations are still ongoing.
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