Cape Town mayor Helen Zille was not guilty of any wrongdoing in connection with the city probe into councillor Badih Chaaban, an independent inquiry into the matter has found.
”This independent investigation clearly confirms what we have believed all along — that the allegations around the investigation into councillor Chaaban have been nothing more than a smear campaign,” Zille told reporters on Wednesday.
A report by Cape Bar advocate Josie Jordaan found that the city’s decision to institute an investigation into alleged breaches of the councillors’ code of conduct was warranted.
”If a speaker, on reasonable suspicion, is of the opinion that a provision of the code of conduct has been breached, he has no discretion in the matter.
”The above-stated provision is pre-emptive and he must authorise an investigation and comply with the rest of the provisions of section 13 of the code,” said Jordaan in the report. ”That speaker also had to determine the nature and extent of the investigation.”
Jordaan said: ”From the facts that came to light during my investigation, there is no indication that the mayor was in any way involved in … the institution of the investigation; or … the payment subsequently made to the service provider.”
Jordaan said there was ”more than just a reasonable suspicion” that Chaaban’s conduct amounted to breaches of the code-of-conduct provisions, adding that the city was warranted in outsourcing the investigation to private investigators George Fivas and Associates.
”[The city’s] forensic and investigative audit section … does not have the necessary delegated power to conduct investigations in respect of councillors.”
The policy followed to procure the services of Fivas was ”proper” and ”in accordance with relevant provisions”, said Jordaan.
He said he could not find ”any factual basis to conclude that the city paid for any services that it should not have paid for”, nor could he find any evidence that the city had paid for services rendered to the Democratic Alliance, the political party that Zille heads.
Jordaan had found ”no facts” indicating that councillors of parties in partnership with the DA in the city were subjected to surveillance on the instructions of the speaker or anyone else
Jordaan also found no facts indicating that the methods used by George Fivaz and Associates were not legally compliant.
However, he did say he was not given access to information held by the South African Police Service.
He noted that Chaaban had said he was ”holding back information” for the Erasmus commission — set up by the provincial government.
Zille said that even if police did find illegal actions were taken by employees of Fivaz and Associates, Jordaan’s report confirmed that no city office bearer gave them instructions to conduct illegal activities. ”If any employee of George Fivaz and Associates did break the law, the city therefore cannot be held responsible.”
Zille said she was releasing Jordaan’s report to the media, the Erasmus commission and all parties in the city council. The Erasmus commission’s first hearings are expected to start in the first week of February. Earlier this month, commission spokesperson Zithulele Twala said witnesses were already being subpoenaed.
The commission is to probe allegations of possible maladministration, corruption and fraud within the City of Cape Town, following claims the council employed under-hand tactics when gathering evidence against Chaaban.
Chaaban has been accused of bribing and threatening councillors to cross the floor. — Sapa