Western Cape to oppose Gayton McKenzie bid to halt probe into R3m fundraising

The Western Cape provincial government will oppose a court application by Patriotic Alliance leader Gayton McKenzie to stop a forensic investigation into funds raised while he was Central Karoo District Municipality mayor, Local Government MEC Anton Bredell said.

Who is seeking to stop the probe and why

According to IOL, McKenzie, who is also the National Minister of Sport, Arts and Culture, has applied in the Gauteng High Court in Pretoria to terminate the province’s Section 106 investigation into the affairs of the Central Karoo District Municipality. His legal representative, Eugene Botha, together with Fezicube (Pty) Ltd the event company that organised the Bring New Life to the Desert gala dinner in Sandton seek an order declaring that the probe, instituted on 23 August 2023, automatically ended when the 90-day statutory deadline expired in November 2023.

Allegations about R3 million raised

According to IOL, McKenzie is reported to have raised about R3 million at a gala dinner while he was the municipality’s mayor. McKenzie said the funds were raised “to undertake the projects he had announced as part of his 100-day plan” and that “the projects undertaken included the replacement of bucket toilets in the Beaufort West area, the repair and reopening of public swimming pools at three sites in the District, and related infrastructure work.”

The controversy centres on allegations that the money raised was not deposited into the municipality’s official bank account, but was instead administered outside the municipality’s normal financial systems.

Legal history and compliance disputes

Bredell told IOL the application is the latest in a series of legal moves by McKenzie that the province views as attempts to frustrate the investigation. According to IOL, McKenzie initially refused to cooperate with the probe under the Local Government: Municipal Systems Act and the Western Cape High Court ordered him in May 2024 to provide the requested information to investigators.

According to IOL, McKenzie then challenged that ruling through a sequence of appeals to the High Court, the Supreme Court of Appeal, the President of the Supreme Court of Appeal and ultimately the Constitutional Court, which delivered a decision in April 2026. After the Constitutional Court’s decision, correspondence was sent to McKenzie requiring his cooperation in compliance with the court order.

Key evidence cited in founding papers

According to IOL, in the founding affidavit Eugene Botha said that on 25 April 2025, the same day as a council sitting, McKenzie’s company transferred R1,182,000 into the municipality’s bank account with the reference “GALAEVENT2022. MCKENZ”.

Dispute over the 90-day statutory period

McKenzie’s legal challenge, as reported by IOL, focuses in part on the 90-day period in the Municipal Systems Act. In court papers he argues that the 90-day period marks the point at which the MEC’s role concludes and that jurisdiction then passes to national bodies including the National Council of Provinces and specified ministers who must decide any further action.

Province rejects delay strategy

Bredell said the MEC’s office will not accept what he described as repeated litigation aimed at avoiding scrutiny. According to IOL, Bredell said McKenzie “has repeatedly sought to avoid scrutiny through litigation” and added that “Every delay serves only to postpone accountability to the residents of the Central Karoo.”

On the 90-day argument, Bredell told IOL the practical effect of McKenzie’s interpretation would be that “any municipality or public official under investigation could simply delay matters until the statutory period expires and thereby escape proper scrutiny. That cannot have been Parliament’s intention.” He said the Western Cape Government is confident the court will reject what he called another attempt to derail a lawful investigation.

About the reporting

According to IOL, IOL is one of South Africa’s leading news and information websites bringing millions of readers breaking news and updates on politics, current affairs, business, lifestyle, entertainment, travel, sport, motoring and technology.