The Chief Whip of the IFP has today laid a criminal charge against the Mayor of the City of Tswhane for improperly interfering with Mr Van der Merwe’s performance of his functions as a Member of Parliament.
In an affidavit handed to the South African Police, Mr van der Merwe requested criminal steps against the mayor, one Mr Ramokgopa, for contravening section 7 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, Act 4 of 2004.
In his affidavit Van der Merwe gives particulars of how he met with the Mayor on 19 January 2012 in the performance of his functions as an MP to assist a certain Mr Ferreira who had passed a course in the Department of the Metro Police, but his Diploma is being withheld because it is alleged that he does not have a matric. Mr Ferreira alleges that when he applied for the position he made in clear that he does not have a matric. In addition, his father wrote to the Metro as long ago as 7 September 2011 drawing attention to the fact in terms of the South African Qualifications Authority (SAQA) legislation a learner who has successfully completed a qualification may not be refused such qualification. Mr Ferreira was told that if he resigns, he will get his Diploma. He resigned in August 2011, but is still refused his Diploma until today.
In the absence of evidence to the contrary, it is clear that Mr Ferreira has earned his qualification fairly and legitimately and is entitled to his Diploma. The City of Tswhane has in the circumstances constructively dismissed Mr JH Ferreira and is, inter alia, obliged to reinstate Mr JH Ferreira with retrospective effect to the position in which he was entitled to be appointed permanently; and also to compensate him for any losses he suffered. In addition he is to be given his Diploma.
Mr Ferreira at the time of his resignation was hoping to get a position in another Municipality, but he needed the Diploma to get that position. Mt Ferreira has now been unemployed for some nine months.
Against this background Mr Van der Merwe met with the Mayor on 19 January 2012. The Mayor apologised for the manner in which Mr Ferreira’s case had been dealt with and promised urgent action.
However, the Mayor has been improperly interfering with Mr Van der Merwe’s performance of his functions as an MP by blatantly ignoring him since 19 January 2012, that is for longer than four months. Mr van der Merwe left messages for the Mayor asking for feedback and wrote two letters to the Mayor. No reaction at all.
By ignoring Mr van der Merwe for more than four months, ignoring letters and telephone calls, the Mayor has contravened the Act which makes provision for a sentence, if convicted, of up to three years imprisonment and payment of a fine.
Mr Van der Merwe said: “The Mayor’s failure to answer correspondence and telephone calls is an administrative sickness that has become an everyday occurrence in our land. Many officials in the Civil Service and even Big Business simply ignore correspondence and telephone calls.
“I trust by laying a criminal charge against the Tshwane Mayor, it will send a serious message to all officials to realise that Members of Parliament will not allow officials to obstruct them to perform their functions and in the process be humiliated in the eyes of the public.”
