Kannemeyer scandal pt. 2: more video; Stellenbosch responds, then deletes their response

Earlier today, we were contacted by a whistleblower in Stellenbosch Municipality who complained about systemic racism against white employees. We embedded a video they shared with us in a short article.

Shortly after the video went viral, the municipality responded, accusing us of taking the clip out of context. The video, whose content was not edited in any way by this paper, contained content which is so unambiguous that it cannot be framed in any other way than which we did.

To recap, here is the first clip we were sent:

Our practice here at the Cape Independent is only to seek comment when there is further information to be gleaned. When the evidence speaks for itself, as in this case, there is no need, unless the municipality wishes to confess to further crimes. However, in the spirit of a right of reply, we do not edit the subject’s response in any way, and it is here reproduced in full:

“Stellenbosch Municipality has taken note of the online article published by thecapeindependent.com regarding a leaked audio recording involving municipal officials.The recording in question captures a deliberately edited short snippet from a broader employment equity discussion within the directorate in March 2023. Taken out of context, it is now being misrepresented to support a completely false narrative. At no stage was the Municipality approached for comment or provided questions on the matter. It must further be emphasised that this was a confidential, internal meeting. We would have appreciated the opportunity to provide our comment, as this is standard journalistic practice. For further clarity, the HR Manager was speaking in the context of how a previous candidate in the position may have had their work-life made more difficult than necessary. This in no way implied that any candidate, of any race or background, should be subjected to such treatment. Once again, this proves that the conversation has been taken entirely out of context and the Municipality cannot stand for such distortion. It should also be noted that this matter was subject to a full internal investigation as well as proceedings at the CCMA. No findings were made. The candidate being referred to in the snippet of the video was in fact the best-performing applicant, duly appointed by the selection panel and is currently serving in that position. Stellenbosch Municipality runs a tight and professional Human Resources Management department. All vacancies are advertised openly and applications are welcomed from any candidate. Shortlisting and appointments are done transparently, strictly on merit and in full compliance with all legislative requirements. In line with our legal obligations, we also take into account national employment equity legislation. The best candidate for any position is always employed.”

This formal statement was soon deleted. A PAIA request is currently being submitted to find a record of the alleged CCMA proceedings mentioned in the bold text above, of which there will be record if it exists.

At the same time as the formal statement was being released, we received a second clip, which makes Kannemeyer’s intentions even clearer:

In this video, Kannemeyer makes it clear that replacing an outgoing position with a white person would exacerbate “the problem”.

AfriForum has stated that they will further investigate the issue, while the Referendum Party and the Vryheidsfront Plus have both issued public statements condemning the behaviour seen in the recording, and demanding action be taken against Kannemeyer. After the DA’s initial statement, allegedly drafted by Geraldine Metler, the DA’s mayor Jeremy Fasser has issued a public statement attempting to exculpate himself and his administration:

“Regarding the video circulating on social media platforms. I wish to state that these events occurred early in 2023 before I became Mayor. I am currently undertaking an investigation into the matter and will issue a further statement when this is completed. At face value, the video is a cause for significant concern and we will get to heart of the matter and take appropriate further action as warranted.”

Despite his protestations, the harassment campaign mentioned by Kannemeyer has proceeded unhindered, and has affected several staff members who are currently seeking legal remedies, including several terminations from this year. Details are forthcoming.

Labour relations expert Crehan de Jager has informed us that the white workers impacted by the comments now have cause for an official complaint, and that the comments by Kannemeyer constitute intent to conduct an illegal campaign of constructive dismissal – the process by which a worker is forced out by a deliberately hostile work environment when a legal termination of their contract is not possible. Furthermore, case law has long since demonstrated that the employment equity laws cannot be used to justify terminating the contracts of present employees. Kannemeyer’s actions constitute both illegal discrimination and contravention of the Labour Relations Act.

“The ANC Caucus at Stellenbosch Municipality, has issued a formal statement supporting Kannemeyer in the usual pompous and dramatic rhetoric, stating that it “condemns with clarity and conviction” any attempt to criticise him for his racism. They also threaten legal action against staff for leaking the media:

Moreover, it has come to our attention that an employee has shared a graphic video of a confidential internal meeting, breaching the Municipal Systems Act’s Code of Conduct for municipal staff. Specifically, Schedule 2, item 6 states: “A staff member of a municipality may not, without permission, disclose any privileged or confidential information obtained as a staff member of the municipality to an unauthorised person.” By disseminating such material, the individual has flagrantly contravened a statutory duty to maintain confidentiality.”

The ANC is of course in the wrong, as South African law protects whistleblowers, especially when conduct is illegal, as is the case here. The Protected Disclosures Act (PDA) No. 26 of 2000, and dismissal for making a protected disclosure is deemed an automatically unfair dismissal under the Labour Relations Act.

But it is not surprising that the ANC has come to Kannemeyer’s defence, aside from their shared position on racial prejudice.

Insiders say that the municipality has no political oversight. The council is prohibited from adequately examining any documents prepared by staff, who deliberately hand in enormous quantities of documents as close to deadlines as legally possible, to prevent adequate critical engagement. Management also shadows councillors in municipal buildings to prevent them from talking to staff, and regularly leak information to the ANC.

Worse, DA councillors face disciplinary action and threats of membership termination if they do not vote as instructed, and because of the obfuscatory practices undertaken by management, they cannot vote on council matters in an informed way. This leaves the way open to several abuses by management, including corrupt relationships both with local property developers and land invasion gangs connected to the ANC.

We will be reporting on this more extensively this week to provide context on the state of the municipality, but suffice it to say, the DA will not be sweeping their mismanagement under the carpet any more.