According to the court, McKenzie had made public utterances “promising to undertake certain service delivery initiatives within the first 100 days of his term of office as mayor”.
He then discovered the municipality did not have funds to give effect to the promise. According to the ruling, McKenzie, “with the knowledge and consent” of the municipality, “proceeded with fundraising initiatives to implement his promise”.
“Those initiatives were known to be his own personal projects.”
McKenzie contended that the projects fell outside the usual reporting of municipal funds and the money was paid into a trust account belonging to Botha E & Erasmus Y Inc.
According to McKenzie’s version, “The monies raised were not those of the municipality, and the municipality itself contributed no money to the expenditure.”