Paul Swart, the DA Cape Agulhas Executive Mayor, has been found guilty of misconduct and will face removal following a disciplinary hearing.
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In 2022, opposition councillors filed a motion of no confidence in Swart with the municipal manager.
The investigation focused on a payment of R30,000 that Swart transferred to Elim Community Trust in March 2021 while a property owner in Elim, making him a beneficiary of the trust.
The outcome of Swart’s disciplinary hearing as Executive Mayor of Cape Agulhas Municipality was made public in a 10-page report. It was discovered that the funds had been used to construct an Arts and Craft Centre and to renovate the guesthouse.
Elim Trust was not registered as a business with the municipality.
Swart’s disciplinary hearings were held over two days, and a committee was formed to oversee them.
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Swart was represented by Anton Coetzee, and he was found guilty of two charges relating to his misconduct as a councillor after serving for nine years.
The committee suggested that the MEC for Local Government remove him as a councillor.
Three committee members made the recommendation, and a fourth proposed suspension.
Swart is accused of failing to disclose an interest in the Elim Morawiese Gemeenskap Trust to the Council or one of its committees, as required by the councillors’ code of conduct, and of failing to perform his duties as Mayor under the Municipal Finance Management Act.
Swart pleaded not guilty to both charges.
Two witnesses were called on behalf of the Municipality: the previous Chief Financial Officer and Blackie Swart.
Swart founded the Elim Morawiese Gemeenskaps Trust in 2007 and stopped being a trustee in 2016, but he still owned property in Elim, making him a beneficiary of the Trust.
According to the report, Swart failed to disclose his interest as a beneficiary.
Swart also confirmed via email that the money had been paid into the Overseers Council’s account and then transferred to the Elim Trust.
Swart’s lawyer contended that he was not a member of the Mayco and that the Mayco had made the decision to allocate funds for marketing.
However, records later revealed that Swart was the chairperson of the Mayco and had signed off on the meeting minutes on the day in question.
‘He was clearly an integral part of the decision,’ the report states.
After the conclusion, it was determined that he was guilty of the charges.
Swart decided not to testify or call any witnesses.
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Picture: Paul Swart/ Facebook