DA Ward 17 Clr Simon Lapping appeared in Palm Ridge Magistrate’s Court on charges of forgery on November 10 and again appeared in the same court on November 23.
Nico Niemand confirmed to the NEWS that he is the complainant in the case.
Residents from Ward 17 and some in Edenvale approached NEWS, questioning Lapping’s position as ward councillor and public representative in light of his court appearance on criminal charges. They also questioned why he was recently elected as DA shadow MMC for Water, Energy and Sanitation in Ekurhuleni.
Lapping and DA constituent head for Kempton Park and Edenvale Mike Waters initially declined to comment.
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“This matter is sub judice and any statement may interfere with the court process. This is an old issue and the DA is fully aware of it,” Lapping said.
The NEWS pointed out that its media inquiry did not pose questions about court proceedings but Lapping’s position as ward councillor and residents raising concerns.
In response, alderman Tania Campbell, the DA leader in Ekurhuleni, said the party is aware of Lapping’s court appearance.
“The DA believes the judicial system must be allowed to run its course. In the South African Constitution, section 35(3)(h) of the Bill of Rights, it states: ‘Every accused person has a right to a fair trial, which includes the right to be presumed innocent’.
“The current court proceedings against Lapping has no bearing or impact on his duty as a ward councillor and has not affected his performance or ability to deliver on his political or council mandate,” she said.
In response to questions about his election as DA shadow MMC while facing forgery charges, Campbell said the party has confidence in him to “fulfil his legislative duty as an elected public representative”.
“We cannot comment [further] on the matter as it is under sub judice. We will await the court’s findings and ruling. Once the court has made its ruling, we will act appropriately on this matter, should it be required.”
Standing orders:
As Lapping also serves as member of Ekurhuleni Council, the Office of the Speaker was requested to comment on standing orders applicable to ward councillors and public representatives charged with a criminal offence.
Sphelele Nxele from the Office of the Speaker said although there were speculations about Lapping facing criminal charges, council had not received a formal notification.
Nxele said council standing orders address the conduct of councillors.
“For the matter to follow such a process, it must be sent to the speaker of council in writing, so that the public representative and councillor is brought to the ethics committee.
“Once a matter is before the court, council must await the outcome of the case before proceeding with any actions.
“It, therefore, becomes the responsibility of the political party to deal with the matter internally. Council cannot dictate suspension, pending the court outcome. Once a matter is before the court, the rule of law dictates its proceedings and outcomes. Council can only make a recommendation once a verdict has been reached.”
Nxele said council operates on the principle of presumption of innocence until proven guilty before a court of law.
“The situation is unfortunate as it presents a moral/ethical predicament.”
Nxele said political parties are governed by their own internal policies.
“They are able to recall or institute internal disciplinary processes as they deem fit. Sub judice matters are exclusively for the court; therefore, council cannot make any recommendations while a case is before the court.”
Following feedback received from the Office of the Speaker, the NEWS sent a second request for a reply to questions about whether the DA had instituted disciplinary procedures as the party had been aware of the matter.
“Once the DA has received the outcome from the courts we will assess the outcome. If any internal processes need to be followed it will be done,” replied Campbell.
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