The council took a decision at its December 6, 2017, meeting for a special investigation to be launched to establish whether any prima facie grounds existed for disciplinary action to be taken against the City manager, Achmat Ebrahim, the commissioner for transport and urban development, Melissa Whitehead, and executive director in the mayor’s office, Craig Kesson.
The report, prepared by the investigators, Bowman Gilfillan attorneys, and discussed at a special council meeting yesterday, was kept confidential and the council would not divulge its contents.
But it said it had accepted its recommendations that a probe be launched into allegations that De Lille prevented the city manager from reporting allegations against Whitehead to the council.
The council also resolved that the allegations against Ebrahim and Whitehead were of a serious nature and a disciplinary process should be instituted against them.
Both managers have to give reasons in seven days as to why they should not be placed under precautionary suspension.
The law firm will also be appointed to investigate allegations concerning the contracts with a Chinese company, BYD, and other allegations of tender irregularities.
In one of his allegations contained in affidavit Kesson alleged that De Lille had asked him to bury a report with allegations of corruption involving over R43 million in a MyCiTi bus tender.
Whitehead was implicated, in an internal investigation by the city’s forensic unit, of irregular expenditure of R72m to Volvo and Scania, for bus chassis.
Reacting to yesterday’s council decision, De Lille said while she welcomed any further investigation, she was concerned about the “factual errors” in the Bowman Gilfillan report which made “prejudicial findings, conclusions” and “recommendations”.
“I requested that they amend the report, and some of their findings, based on the factual errors so that council could consider and act on a report that was factually correct.
“I also feel that I have been unfairly and unnecessarily defamed and embarrassed by this report and believe Bowman Gilfillan’s refusal to correct a false finding, or to even consider that they may have made an error, to be unreasonable. More especially in light of their apparent invitation to have errors pointed out to them,” De Lille said.
The ANC in the city said it would approach the Western Cape Minister of Local Government with a view to have De Lille removed from the council in the face of the report’s findings.
The party will also ask national assembly’s chief whip, Jackson Mthembu, speaker Baleka Mbete and the ethics committee to take action against DA leader, Mmusi Maimane, and MP Glynnis Breythenbach for allegedly being in possession of confidential city council documents.
ANC leader in the City of Cape Town, Xolani Sotashe, said the crisis in the council was concerning and that his party had been approached by some DA councillors with a view to joining the ANC.
“The DA has acted ruthlessly with De Lille after she sold the Independent Democrats party to them. They were aware of some of the allegations contained in the report as early as 2013 but they swept things under the carpet because of the local government elections,” Sotashe claimed.
Meanwhile, De Lille submitted her responses to a report by the DA on why she should not resign. The DA’s federal executive member, James Selfe, said the response would be considered.