Capetonians pay mayor's legal costs in intimidation case

THE City will be footing Mayor Geordin Hill-Lewis’s bill in a case accusing him of harassment and abuse of power in connection with an alleged land use violation.

The matter, which came before the Bishop Lavis Magistrate’s Court on Wednesday, relates to an application for a protection order lodged by a resident against the mayor. 

The matter was postponed to September to allow the presiding magistrate time to consider submissions made and for Hill-Lewis to engage in the process through legal counsel. 

Hill-Lewis did not appear in court but was presented by his legal team.  

The resident involved had lodged a formal accusation against Hill-Lewis, claiming abuse of power stemming from a neighbourhood dispute, according to GOOD Party deputy secretary-general and councillor Suzette Little.

“According to the complainant, who resides in the same suburb as the mayor’s mother-in-law, what began as a simple neighbourhood disagreement has escalated into a legal matter,” said Little.

She said the GOOD Party had seen correspondence from Hill-Lewis to the complainant, in which he apparently stated he had a “strong suspicion” that the resident was operating an illegal car repair business from a private residence, which would constitute a land use violation.

“Law enforcement was called to the property on four occasions, with no evidence found to support the accusations,” said Little.

“The use of law enforcement in this manner, particularly when there is no evidence of wrongdoing, raises concerns about the abuse of power. Having direct access to law enforcement should not be used to settle personal disputes or engage in petty neighbourhood conflicts.”

Little said the case warranted further scrutiny.

Police spokesperson Malcolm Pojie said Bothasig SAPS registered an intimidation case for further investigation, following an altercation on March 29 between the complainant and a suspect whom he allegedly addressed in an intimidating and threatening manner near his home in Edgemead.

He said the case docket would be referred to the National Prosecuting Authority for a decision upon completion of the investigation.

Mayoral spokesperson Lyndon Khan said: “As with all court matters relating to the Mayor's official duties, the cost is borne by the City. The matter has been postponed to September 25 for the magistrate to engage further on submissions made to the court and to allow for the mayor to be present. This is a further opportunity to show how the court's time is being wasted by this meritless request for a protection order as a means to evade accountability.” 

Khan said Hill-Lewis had addressed and reported illegal business activities, as any Councillor was expected to do. 

“We all have the responsibility to uphold the law in our city, and no person is too important to report by-law infringements and land-use violations impacting a community, or even to pick up a piece of litter.”

However, Little said Hill-Lewis was not acting in his official capacity. 

"He was visiting his mother in law. He did not introduce himself to the resident as the Mayor. I wrote to the Speaker when I learned about what happened and she said they were not paying his legal fees. Now they say they are paying the legal fees. This is (an example) of abuse of power," she said.

The matter is expected to return to court on September 25 for further proceedings.

Cape Times