Mayor Patricia de Lille will pay her own legal fees if found guilty on allegations the City is investigating against her.
If, however, no findings are made against her, the City will have to foot her legal bill.
De Lille has asked the City for legal assistance in the investigations of the Steenhuisen Report; the allegations made by Craig Kesson, director in her office; and the law firm Bowman’s report into allegations of corruption at the City.
However, a report by the City states that a request for legal assistance falls outside the provisions of the Municipal Systems Act.
“The councillor has not been summoned to attend any inquiry at this stage,” the report said.
“In any event, even if the councillor were to be summoned to attend an inquiry the requests for legal assistance fall outside the City’s policy on the provision of legal representation for city employees and councillors.”
De Lille’s request was refused by council Speaker Dirk Smit, but the general appeals committee overturned his decision.
“I made it very clear, that if I lose the case or I am found guilty, then I will pay the legal fees,” she said.
In his letter to De Lille, Smit said matters for which legal assistance was requested concerned allegations of breaches of the code of conduct for councillors.
“The council’s policy is not intended to cover legal assistance to councillors,” he said.
Smit also said the allegation against her is a breach of the code of conduct for councillors.
“I am also of the opinion that section 109A does not provide for legal assistance to councillors to assist them in responding to an allegation of a breach of the code of conduct for councillors when given the opportunity to reply in writing to the alleged breach, prior to being summoned to attend to any investigation which may follow,” he said.
He also said since holding his position from 2014, he has never approved legal assistance to any councillor.
“The most recent request for legal assistance which I received were from councillors Antonio van der Rheede, JP Smith and Grant Twigg, all of which were refused.”