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Oudtshoorn. 14 July 2012.
11h20. The Speaker did reply to the letter of the 7 Councillors demanding a review of April’s decision to appeal the Paulse case – the matter will be placed on the agenda of the next Council Meeting.
OO believes that the matter is urgent and should be addressed in an urgent meeting as Mnyimba’s presence, being unqualified to be MM, is causing Oudtshoorn harm.
10h40. OO is informed by a Mayco Member – ja, April, selfs van die laaste paar ANC’s wat jy meen jou ondersteun praat met my – that the item to approve the Mayor’s decision, in consequence of a delegation, to appeal the Paulse verdict, was brought in committee, unanimously approved and the papers then unceremoniously confiscated by Mayor April and MM Mnyimba!
Oudtshoorn. 13 July 2012. 14h25. OO learned that the Mayco this morning confirmed the decision, in consequence of a delegation, to appeal the Paulse verdict that found Thandekile Mnyimba unfit to be MM.
This comes on the morning after the ANC Western Cape Leader, Marius Fransman, met with ANC Councillors last night, and, apparently, on the advice of Adv Shaheed Patel, who has already “earned” R220,000 in fees in this matter.
This development suggests that Council’s legal advice probably regards the Mayor’s grounds for the decision to be wonky.
The demand for a s.59 Council Meeting to review the decision, by 7 Councillors, still stands, however.
OO would like to see the seven dissident Councillors apply for an Interdict to force the meeting and obtain a cost order against the Speaker, Johannes Stoffels.
Stoffels’ boss, Badih Chaaban, is not lifting a finger to make good on his gallons of hot air about “clean government”.
Said Groucho Marx: “Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.”
What a pace*, what a rafter*, what a barren*, what a shrewdness* the ANC/Icosa/NPP rabble* is!
* Collective nouns…
Oudtshoorn. 12 July 2012. 14h55. Speaker Johannes Stoffels failed to issue notices of a Council Meeting at 14h00 tomorrow, by 14h00 today.
The only remedy now available to the DA is an Interdict.
Well there is one alternative: the aggrieved Councillors can appeal to the Minister of Local Government to intervene and force a meeting.
But OO readers will realise the futility of this option.
However, the Court must be informed that more than 25% of Councillors are ooposed to the appeal and the Court should order the Council review before it hears the application for leave to appeal.
Knowing that the matter now rests with our competent DA Caucus, I’ll sleep like a baby tonight and wake up every 2 hours screaming my head off.
Stoffels’ failure to call the meeting makes a mockery of the NPP’s claims to clean government.
OO is in sms conversation with the NPP President, Badih Chaaban, and is waiting for his comments.
And Chabaan’s response, at 14h28: “I’m busy… Leave me out of it please.”
Now we know where we stand.
Oudtshoorn. 11 July 2012. 13h30. The matter of Gordon April’s decision to appeal the Allen Paulse v Oudtshoorn Municipal Council verdict has heated up with the confirmation earlier today by the Western Cape Minister of Local Government, Anton Bredell, that his department will oppose the Council’s application for leave to appeal.
Bredell replied to a request for an update by Nic Barrow, and replied without delay – a very positive signal and indicative of expediency that surprised OO!
Barrow told OO that the Municipality has no prospect of success with the appeal. So strongly does Barrow feel about the fultility of the application and an improbable appeal, that he avowed to report the Council’s legal advisors to the Law Society and the Bar for questionable advice.
Barrow added that ridding the Oudtshoorn community of Thandekile Mnyimba has become a personal objective and that he will do everything in his power to have Mnyimba permanetly removed as Municipal Manager.
The DA is serving notice today on the Speaker, Councillor Johannes Stoffels, to convene a Council Meeting without delay to review the Mayor’s decision to appeal, in consequence of a delegation.
In its demand the DA states that the Speaker has no discretion in the matter and that he is obligated to convene the Council Meeting forthwith ito s.59(3)(a) of the Municipal Systems Act 32 of 2000. The Act states that “the municipal council – in accordance with procedures in its rules and orders, may, or at the request in writing of at least one quarter of the councillors, must, review any decision taken by such a political structure, political office bearer, councillor or staff member in consequence of a delegation or instruction, and either confirm, vary or revoke the decision subject to any rights that may have accrued to a person…” (Editor’s emphasis.)
The DA also states that its demand for a review in no way legitimises the delegated powers of the Mayor, as the concept Delegation Register has not yet been approved by Council.
“We rely on the fact that the Honourable Mayor conjured an appearance of legitimacy on the basis of a unilateral decision apparently made on the strength of delegated power”, the letter concludes.
OO has also learned that as many as 9 of the 13 ANC Ward Committees are opposed to the Council’s governance under Mayor April.
The DA asked for a head count in the Council decision to appoint Mnyimba, and the 13 ANC, Icosa, and NPP Councillors who voted to appoint Mnyimba face the dire prospect of having to repay the ratepayers for the fruitless and wasteful expenditure accruing as a result of the appointment. Legal costs to date alone already amounts to a estimated R875,000.
The Speaker, NPP Councillor Stoffels, had earlier been instructed by the party’s president, Badih Chabaan, to convene the meeting that the DA now demands, but has hitherto refused to oblige his leader. Chabaan’s reaction to this insubordination will be observed with interest as the former NPP Councillor, Ben Pannas, was removed by Court Order last year for not heeding party instructions.