Kouga Council Refers Alleged Code of Conduct Breaches by Two Councillors to Rules and Ethics Committee

Kouga Council has moved to investigate alleged breaches of the Code of Conduct by two councillors following a majority decision at a Council meeting held on 28 August.

Council resolved to refer matters involving Councillor Oliphant and Councillor Petersen to the Rules and Ethics Committee for investigation, in line with Schedule 7 of the Local Government: Municipal Structures Act 117 of 1998, as amended. The decision followed recommendations put forward by the Speaker after correspondence sent to both councillors went unanswered.

Allegations Against Councillor Oliphant

The allegations against Councillor Oliphant stem from a Municipal Demarcation Board public consultation meeting held on 18 June 2025 at the Kruisfontein Civic Centre, Humansdorp. It is alleged that he disrupted the proceedings by intimidating municipal staff, issuing unauthorised instructions to remove municipal branding from the venue, and creating a hostile environment that undermined the purpose of the consultation.

According to the report before Council, these actions may constitute a breach of several provisions of the Code of Conduct, including Item 2(a) and (b) and Item 12.

Allegations Against Councillor Petersen

Councillor Petersen faces multiple allegations. The first relates to a live social media video posted on 21 May 2025, where he is alleged to have directed aggressive and insulting remarks toward Executive Mayor Hattingh Bornman, including the use of derogatory language.

The second set of allegations mirrors those against Councillor Oliphant, accusing Petersen of disrupting the Municipal Demarcation Board’s consultation on 18 June 2025 by harassing staff, interfering with branding, and creating disorder.

A third allegation concerns remarks made during a virtual Council meeting on 26 June 2025. Petersen is alleged to have made an inappropriate comment to Councillor Shena Ruth, stating that “when you attack someone personally you get cancer, and then you wonder why,” which left her feeling violated. He is also accused of misleading Council with unfounded claims about municipal electricity profits.

The fourth allegation involves comments made during an Ordinary Confidential Council Meeting, where Petersen allegedly directed racist remarks toward Councillor Willem Gertenbach and refused to withdraw them when instructed by the Speaker. He is further accused of making inappropriate comments toward Alderman Benson during the same meeting, leading to his referral to the waiting room for disruptive behaviour.

Next Steps

The Rules and Ethics Committee will now investigate the allegations and make findings with recommendations to Council. Should a breach be confirmed, potential sanctions range from a formal written warning or reprimand, to suspension, fines, or a request to the MEC for Local Government to remove the councillor from office.

The Speaker is required to inform the MEC of any findings and sanctions within 14 days of Council’s decision.

Council confirmed on 28 August that it supported the referral of both matters by majority vote.