Appointments and Administrative Conduct
The 2022 Public Protector appointment findings, the 2025 Kannemeyer recruitment controversy and public participation.
Key findings
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On 3 Sep 2025 Executive Mayor Jeremy Fasser issued a statement. He said he had conducted a preliminary investigation into allegations of 'constructive dismissal, bullying or any other infringement on workplace rights' arising from a circulating video 'made in 2023'. He said he would convene a special council meeting to start an internal investigation and would review the Recruitment and Selection Policy.
Source: Statement by Executive Mayor Jeremy Fasser (original, opens in a new tab) ↗ · details — paras 1-2
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Judgment in Deon Garden and Construction CC v Stellenbosch Municipality (case 9140/2021), [2026] ZAWCHC 504, was delivered by Fortuin J in the Western Cape Division of the High Court on 4 Sep 2026. Hearings were held on 2 Sep 2025, 5 Nov 2025, 24-25 Feb 2026 and 24 Mar 2026, and the merits were separated from quantum under Rule 33(4).
Source: Deon Garden and Construction CC v Stellenbosch Municipality (9140/2021) [2026] ZAWCHC 504 (4 September 2026), Fortuin J (original, opens in a new tab) ↗ · details — cover; paras 1-2
VerifiedEditor-approved Figure: stage unknown
The plaintiff claimed R4 374 192.67 (R3 955 405.52 in lost earnings and R418 787.15 in establishment costs) arising from the municipality's cancellation, on 22 Sep 2020, of a contract concluded on 30 May 2019 under tender BSM 07/19. The contract was for invasive alien vegetation clearing in WC024, with a panel of 13 contractors, and ran to 30 June 2021.
Source: Deon Garden and Construction CC v Stellenbosch Municipality (9140/2021) [2026] ZAWCHC 504 (4 September 2026), Fortuin J (original, opens in a new tab) ↗ · details — paras 1, 5, 15-16
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The court declared that the municipality's cancellation by letter of 22 Sep 2020 was not authorised by the contract, constituted a breach, and was a repudiation. It found the contract had no express or tacit term allowing cancellation on withdrawal of DEA funding, and that the municipality was 'the deciding party' in the withdrawal of funding.
Source: Deon Garden and Construction CC v Stellenbosch Municipality (9140/2021) [2026] ZAWCHC 504 (4 September 2026), Fortuin J (original, opens in a new tab) ↗ · details — paras 69, 72, 100, 108(a)
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The plaintiff's damages claim was dismissed because it did not prove patrimonial loss for either lost earnings or establishment costs. The court found the contract guaranteed no quantum of work.
Source: Deon Garden and Construction CC v Stellenbosch Municipality (9140/2021) [2026] ZAWCHC 504 (4 September 2026), Fortuin J (original, opens in a new tab) ↗ · details — paras 57, 84, 92, 101, 108(b)
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The municipality was ordered to pay 75% of the plaintiff's taxed party-and-party costs, including the costs of the separated merits trial, with counsel's fees on scale B. Each party otherwise bears its own costs.
Source: Deon Garden and Construction CC v Stellenbosch Municipality (9140/2021) [2026] ZAWCHC 504 (4 September 2026), Fortuin J (original, opens in a new tab) ↗ · details — paras 106-108(c)-(d)
VerifiedEditor-approved
Under the heading 'Accountability', the court criticised the municipality on six grounds: (1) it advertised and awarded the tender before concluding the funding agreement; (2) its officials withdrew contractors from the field before the funder acted; (3) its own letter of 8 Oct 2019 instructed the DEA to 'cancel the NRM project with immediate effect'; (4) it told the funder, inaccurately, that the contractors would continue to be used; (5) it left 13 contractors without work for a further eleven months before telling them; (6) it re-procured the same work on a new tender advertised before the cancellation letter.
Source: Deon Garden and Construction CC v Stellenbosch Municipality (9140/2021) [2026] ZAWCHC 504 (4 September 2026), Fortuin J (original, opens in a new tab) ↗ · details — paras 23, 95
What remains unknown
- What did the 2022 Public Protector report find and what remedial action followed?
- What is documented about the 2025 Kannemeyer recruitment process?
Documents
- Public Protector Report No. 109 of 2021/22: Report on an investigation into allegations of improper conduct and maladministration by the Stellenbosch Local Municipality with regard to the appointment of staff
- Municipality rejects baseless findings by Public Protector (statement by Municipal Manager Geraldine Mettler)
- Stellenbosch Mayor must table Public Protector report on irregular appointments to Council (GOOD statement by Cllr Christie Noble)
- Stellenbosch Municipality Is A Law Unto Itself (GOOD statement by Cllr Christie Noble)
- Public Protector finds appointment of two Stellenbosch officials irregular (Tshego Lepule, Weekend Argus/IOL)
- Stellenbosch municipality consults Public Protector over 'irregular' appointment report (Mwangi Githahu, Cape Argus/IOL)
- Senior amptenaar by Stellenbosch-munisipaliteit voorlopig geskors (Danie Keet, Maroela Media)
- Public Protector findings reveal irregular appointments at Stellenbosch Municipality (Carmel Loggenberg-Roberts)
- Council Meetings 2025 page (all 2025 meeting document lists show 'Documents are being restored')
- Two top Stellies appointments irregular, says Mkhwebane (Siphokazi Vuso, Cape Times/IOL)
- GOOD calls for high ranking Stellenbosch official’s suspension (Eikestadnuus/Nova News)
- GOOD: ‘Stellenbosch Municipslity’s ploitical leaders must account’ (Angelo Julies, Eikestadnuus/Nova News)
- Deon Garden and Construction CC v Stellenbosch Municipality (9140/2021) [2026] ZAWCHC 504 (4 September 2026), Fortuin J
- Statement by Executive Mayor Jeremy Fasser
- DA wants Stellenbosch HR boss suspended after viral video (Marvin Charles)
- Stellenbosch HR boss resigns from acting post, dodges council suspension (Marvin Charles)
- Former Stellenbosch municipality acting director dismisses racism claims (Nicola Daniels)
- Stellenbosch Municipality HR Manager resigns amid racial hiring controversy
- Stellenbosch Municipality under fire for failing to appoint crucial director
- Memorandum: Stellenbosch Municipality, Kannemeyer - viral videos (Dr Dirk Hermann)
- DA motion will terminate Stellenbosch Acting-Directorship of Kannemeyer
- Stellenbosch Municipality has a new director for corporate services
- Makhubela v Stellenbosch District [sic] Municipality (20830/22) [2023] ZAWCHC 53 (15 March 2023), Thulare J
- Makhubela v Stellenbosch District [sic] Municipality (20830/22) [2023] ZAWCHC 74 (17 April 2023) - judgment on application for leave to appeal, Thulare J