COUNCILLOR WAXA WILL SOON FACE DISCIPLINARY PROCEEDINGS
The disciplinary proceeding against Ward 4 Councillor Velile Waxa should begin within the next few weeks. A disciplinary committee chairperson will normally be appointed at the Special Council Meeting scheduled for 23 March 2018, following which Waxa’s disciplinary hearing will be scheduled. Once a chairperson has been appointed, the KRA will lodge a submission with him or her requesting that the proceedings be open to the public. We believe that alleged misconduct by councillors is too important a matter to be judged in secret. Note that Councillor Waxa is neither DA nor ANC, but is an Independent.
The KRA is not at this point commenting on the charges against Councillor Waxa, which are a matter of public record, or on the merits of the case. For us, the threshold issue is transparency: these proceedings must be open to the public so that the public can witness how justice is administered by the Disciplinary Committee, and form their own opinion. This is particularly important in light of Waxa’s reported status with regard to the DA (see below).
According to the agenda of the Special Council Meeting held on 30 March 2017, it is alleged that:
“Cllr Waxa breached the Code of Conduct for Councillors and Section 118 of the MFMA in that on or about the 6th of December 2016, Cllr Waxa interfered in the procurement processes of the Knysna Municipality by appointing a contractor to effect certain building and clearing works, following a fire in the area known as Love Corner, White Location. It is alleged that Clr Waxa of his own accord and without any consultation or assistance of the administration entered into an agreement with the contractor appointed by him with regards to price and scope of work.
It is further alleged that Cllr Waxa interfered in the management or administration of the Integrated Human Settlements department, without being mandated by the Municipal Council to do so. It is further also alleged that Cllr Waxa gave or purported to give instruction to officials from the Integrated Human Settlements in relation to the building of emergency housing following the Love Corner fire, without being authorised to do so by Council and encouraged or participated in conduct which could cause or result in maladministration in Council.
A separate complaint was levelled against Cllr Waxa wherein the complainant alleged that Cllr Waxa breached Section 2 of the Code of Conduct for Councillors. It is alleged that Cllr Waxa on or about the 10th of December 2016 and at Templeman Square was involved in an incident with a member of the public, whereby Cllr Waxa threatened the said member of the public and made racist remarks aimed at the said member of the public.
It is further alleged that Cllr Waxa incited violence by encouraging other stall owners at Templeman Square, to threaten the member of the public. It is further alleged that Cllr Waxa through his actions, intimidated the member of the public to such an extent that she feared that herself and her minor children would be physically harmed.”
The alleged misconduct occurred over a year ago. That is a very long time, especially in light of the seriousness of the charges.
According to reliable sources, Councillor Waxa was wooed by Knysna Mayor Eleanor Bouw-Spies to give her the additional vote she needed to remove Councillor Peter Myers as deputy mayor last October. Waxa appears to be in a de facto coalition with the ruling DA, although no coalition agreement has been disclosed at this time.