Stellenbosch: GOOD has submitted a formal council motion calling for an independent investigation into allegations surrounding the sale, disposal and leasing of municipal property in Stellenbosch since 2018, as provincial authorities continue assessing possible legal, financial and governance implications.
The GOOD Party has asked the Stellenbosch Municipal Council to appoint an independent investigator to examine allegations involving municipal property transactions entered into since 2018.
GOOD councillor Marius van Stade submitted the motion to the Office of the Speaker and the council after former Stellenbosch deputy mayor Mynhard Slabbert raised concerns about the municipality’s handling of certain property sales, leases and disposals.
The allegations have not been tested or proven through an independent investigation. They raise questions about whether the municipality complied with the Municipal Finance Management Act, the Municipal Systems Act and other legislation governing the management and disposal of public property.
Van Stade’s motion asks the council to establish the facts through an investigator who is independent of the municipality and the political parties represented in council. It also asks for councillors to receive a report on an investigation previously announced by Western Cape Local Government, Environmental Affairs and Development Planning Minister Anton Bredell.
“Council has a responsibility to establish the facts and ensure full transparency regarding the management of municipal assets,” Van Stade said.
“The public deserves clarity and accountability. An independent investigation will assist council in determining if the municipality has complied with its legal obligations and whether any corrective action is required.”
The motion places renewed attention on the municipality’s management of land and buildings belonging to the public. Municipal property can include vacant land, offices, community facilities, commercial sites and buildings leased or sold to private organisations and individuals.
Decisions involving these assets can have long-term financial and development consequences. Property may be needed for housing, public facilities, economic projects or future infrastructure, while leases and sales can also generate revenue for municipal services.
Provincial Authorities Already Assessing The Matter
The call for an independent investigation follows an earlier preliminary assessment by the Western Cape Department of Local Government.
Bredell said in March that his department had examined complaints relating to alleged non-compliance with legal requirements governing the leasing and disposal of municipal properties.
The matter was referred to the Western Cape Provincial Treasury for an assessment of the municipality’s policies and its approach to property leasing and disposal.
Provincial Treasury’s involvement is important because the Municipal Finance Management Act sets requirements for how municipalities manage assets, approve transactions and protect public finances.
The matter was also sent to Legal Services in the Department of the Premier to assess possible legal and financial consequences for the municipality as lessor and, where relevant, the parties leasing municipal property.
Bredell said a full investigation would follow if the assessments found evidence of serious malpractice or maladministration.
At this stage, no final provincial finding establishing unlawful conduct or maladministration has been made public. The process remains an assessment of allegations and the municipality’s policies, decisions and compliance.
Municipality Confirms Motion Was Submitted
Stellenbosch Municipality spokesperson Stuart Grobbelaar confirmed that Van Stade’s motion had been submitted to the Speaker’s Office.
“We can confirm that such a motion was submitted to the Speaker’s Office. Proceedings relating to this matter are, however, already under way,” Grobbelaar said.
The municipality did not provide further public detail in its response about the nature of those proceedings, the transactions under consideration or when the process is expected to be completed.
Its statement indicates that the concerns are already receiving institutional attention, although it remains unclear whether the municipal process includes an independent investigator of the kind requested by GOOD.
The motion must now move through the municipality’s formal council procedures. The Speaker will determine how it is placed before council and whether councillors will debate, amend, adopt or reject it.
Council may also decide to wait for the outcome of the provincial assessments before appointing another investigator. GOOD argues that a separate independent process is necessary to provide councillors and the public with full clarity.
Allegations Date Back To 2018
The concerns raised by Slabbert relate broadly to municipal property transactions concluded since 2018.
The current public statements do not identify every property, lease, purchaser or beneficiary covered by the allegations. They also do not provide a complete schedule of the transactions that Van Stade wants investigated.
This limits what can responsibly be stated about individual deals. No person or organisation should be treated as having acted unlawfully unless a proper investigation produces evidence and the affected parties have been given an opportunity to respond.
The central issue is whether the municipality followed the correct legal and administrative processes when disposing of, selling or leasing its property.
Municipalities cannot treat public land in the same way that private owners handle property. Decisions generally require valuations, public-interest assessments, council authority and compliance with municipal policies and national legislation.
The MFMA also requires municipalities to consider whether an asset is needed to provide a minimum level of basic municipal services before disposing of it. Transactions involving public assets must be handled in a manner that is fair, transparent, competitive and financially responsible.
An investigation could therefore examine how properties were identified, valued and advertised, how potential buyers or tenants were selected and whether the required council resolutions and public-participation processes were completed.
It could also consider whether the municipality received fair value and whether any departures from standard procedures were lawful and properly authorised.
Public Assets Carry Wider Community Value
The dispute has implications beyond the individual transactions because municipal land plays an important role in Stellenbosch’s development.
The municipality faces competing demands for affordable housing, transport facilities, public open spaces, community services and commercial development. Once strategically located public land is sold, it may be difficult or expensive to recover it for future public use.
Leasing can allow a municipality to retain ownership while generating income or supporting economic and community projects. However, long leases may also limit future options and must be entered into under clear, transparent terms.
GOOD says council has a duty to safeguard these assets and ensure that decisions involving public property can withstand legal and financial scrutiny.
The party warned that any proven non-compliance could have significant consequences for the municipality. These could include financial losses, invalid agreements, legal disputes, disciplinary action or steps to recover property or money.
Those consequences remain hypothetical until the allegations have been properly investigated and findings have been made.
Independent Investigation Could Establish The Facts
An independent investigation could help separate verified facts from political claims and competing interpretations of municipal policy.
Such a process would require access to council resolutions, valuation reports, tender or disposal records, lease agreements, legal opinions and correspondence between officials and the parties involved.
Investigators would also need to hear from former and current officials, councillors and the individuals or organisations that entered into transactions with the municipality.
Any final report should identify the transactions examined, the legal requirements that applied and whether the municipality complied with those obligations. It should also allow affected parties to respond to adverse findings before conclusions are finalised.
Where failures are identified, the report could recommend corrective steps. These may include changes to policy, stronger council oversight, disciplinary processes, contract reviews or referrals to law-enforcement agencies.
Where transactions are found to have been lawful and properly authorised, an independent report could also clear uncertainty and protect the municipality and private parties from continuing unsupported allegations.
For Stellenbosch ratepayers and communities, the immediate issue is whether the municipal and provincial processes will be completed openly and whether their findings will be made public.
The council has not yet announced when Van Stade’s motion will be considered or whether it will support the appointment of an independent investigator.
Q&A
What investigation has GOOD requested?
GOOD wants the Stellenbosch Municipal Council to appoint an independent investigator to examine allegations involving municipal property transactions dating back to 2018.
Who submitted the motion?
GOOD councillor Marius van Stade submitted the motion to the Office of the Speaker and the Stellenbosch Municipal Council.
Who originally raised the allegations?
The concerns were raised by former Stellenbosch deputy mayor Mynhard Slabbert.
Has wrongdoing been proven?
No. The concerns remain allegations. No completed independent investigation or court process has publicly established unlawful conduct.
What laws may be relevant?
The allegations refer to possible non-compliance with the Municipal Finance Management Act, the Municipal Systems Act and other rules governing municipal property sales, leases and disposals.
What is the Western Cape Government doing?
The matter has been referred to Provincial Treasury to assess the municipality’s property policies and practices. Provincial legal services are also considering possible legal and financial implications.
What has Stellenbosch Municipality said?
Municipal spokesperson Stuart Grobbelaar confirmed that the motion was submitted and said proceedings relating to the matter were already under way.
When will the council consider the motion?
The municipality has not publicly confirmed when the motion will be debated or decided.
SAI Search Summary
GOOD councillor Marius van Stade has submitted a motion calling for an independent investigation into allegations involving Stellenbosch municipal property transactions dating back to 2018. Former deputy mayor Mynhard Slabbert raised concerns about possible non-compliance with laws governing the sale, disposal and leasing of municipal assets. Western Cape Minister Anton Bredell previously referred aspects of the matter to Provincial Treasury and provincial legal services. Stellenbosch Municipality confirmed that the motion had been submitted and said related proceedings were already under way. The allegations have not been proven, and no final investigation findings have been published.
Source: Cape Argus / IOL – Sibulele Kasa; GOOD Party – Councillor Marius van Stade; Stellenbosch Municipality – Stuart Grobbelaar, Municipal Spokesperson; Western Cape Government – Anton Bredell, Minister of Local Government, Environmental Affairs and Development Planning
