Swartland Municipality. Picture: Henk Kruger/African News Agency (ANA)
Cape Town - The Hawks in the Western Cape are investigating an alleged fraudulent and corrupt land transaction by the Swartland Municipality.
Hawks spokesperson Thandi Mbambo confirmed that the matter, formally brought by the GOOD Party, was under investigation.
The inquiry stems from the alleged defrauding of Swartland residents and ratepayers.
GOOD councillor Jeremey Papier said: “This comes after both Swartland council speaker and Local Government, Environmental Affairs and Development Planning MEC Anton Bredell failed to investigate the dodgy sale of 6 823 square metres of municipal land situated in Malmesbury to the ACVV, which is a social services non-profit entity.”
Papier said that despite being furnished with the full dossier of the suspicious transaction on January 29, Bredell didn’t act.
The dossier of evidence suggested that the former mayor of Swartland, now a Mayco member, presided over meetings where the sale of the land at a discounted sales price to the ACVV was approved.
“This while his wife was the chairperson of the ACVV in Malmesbury. The land was always intended to be sold on, by the ACVV, to a private company and the ACVV allegedly acted as a front for the company,” he said.
Bredell said his office had not received any information on the matter as stated.
“Where is this dossier which he claims to have shared with us? (GOOD Party secretary-general Brett Herron) obviously knows that simply mentioning the Hawks will generate a certain amount of interest for (its) crusade,” Bredell said.
“I am currently taking legal advice on this matter as my patience with Herron has now run out,” he said.
Swartland Municipality spokesperson Mart-Marié Haasbroek said in 2017, the ACVV, a non-profit organisation, brought an application to the Swartland Municipal Council to purchase a portion of erf 327.
Haasbroek said the intention of the ACVV was to build an English medium school on the property, a much-needed facility for the town of Malmesbury at the time.
She said the sale of any municipal property was subject to the municipality’s by-law relating to the transfer of Municipal Capital Assets, the Municipal Transfer Policy, the Municipal Finance Management Act and the Municipal Asset Transfer Regulations.
She said the municipal transfer policy makes provision for the municipality to dispose of property intended for social care, community or sports assets at between 5% and 20% of the fair market value, subject to a suitable reversionary clause being registered against the title deed of the property.
“Because this property was being acquired to build a much-needed school, council agreed that the property could be disposed of at 10% of its municipal valuation. The property was sold for R88 700 (excluding VAT)," she said.
Haasbroek said the intended sale was advertised in the media for comment and objections and that no comments were received, and the transaction was approved.
She said stipulations included in the deed of sale were that the purchaser should not be entitled to transfer the property out of its name to another person or entity, let the property to another person or entity, grant a right to another person to use, control or manage the property, and encumber the property in any manner whatsoever.
“Council also included a clause which stipulates that the property must be developed within two years based on the applicants’ indication that an English Medium school was to be built on the property. This was done, and Better Beginnings College was built,” she said.
sisonke.mlamla@inl.co.za
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