Oudtshoorn v. Oudtshoorn!

April gets clobbered

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Oudtshoorn. 10 August 2012. 16h35. Adv David Borgström, for the DA, told OO that the matter will now be heard on November 1 or 2.

The local DA must now get rid of Gordon April soonest!

How?

The Speaker must convene an ordinary Council Meeting and a Motion of No Confidence must be tabled.

Then it’s up to the Councillors!

Why does OO demand that Mnyimba goes now; immediately!?

Because today’s application, ruled to be not urgent, does not stay the judgement of June 1! Period!

April wasted the Court’s time today!

Oudtshoorn. 10 August 2012. 12h15. OO is still awaiting a copy of the Order of Court, but can confirm that the High Court ruled against urgency in the matter.

In the interim the Council Resolution of July 26 should be implemented.

This means that Thandekile Mnyimba is one of Jacob Z’s many jobless as of this morning: Mnyimba is out!

An Acting Municipal Manager must be appointed ito s54 of the Systems Act; it will not necessarily be Allen Paulse.

Gordon April het vanoggend iets baie lelik in Hoë Definisie gesien.

Oudtshoorn. 10 August 2012. 11h50. In his Founding Affidavit in this morning’s High Court Application to have Council Resolution 60.100/7.12, of July 26, appointing Allen Paulse Municipal Manager, set aside, the Mayor claims to be “duly authorised to launch this application”.

The DA disagrees, claiming that the Mayor’s “assumed” delegated power has not been ratified by the new Council and that neither the Council, nor the Mayoral Committee authorised this action.

OO is of the opinion that the Mayor simply can not use delegated power by the Council to litigate against the selfsame Council.

Furthermore, the Municipality’s legal representatives, was not appointed by Council and the appointment was also not effected in adherence to Supply Chain Protocol.

Gordon April, and “The Oudtshoorn Local Municipality” therefore, in OO’s opinion, has no locus standi to bring the application before Court.

Yet, wiser heads will argue more intricate matters today, to be sure…

I analyse the matter in urbi today, but must share this little gem with OO readers: Gordon April – Górdon Apríl! – lays claim in his affidavit to a responsibility to “guide the First Applicant in excercising its rights”.

Nee kýk, nóú het ek wrágatg álles gehoor!

Gordon April is to guide The Oudtshoorn Local Municipality in excercising its rights!

This application, OO suspects, is simply a desperate attempt by The Honourable Executive Mayor of the Greater Oudtshoorn to escape the costs with which the Council Resolution burdens him.

The Mayor also claims, in his affidavit, that the municipality is in limbo because of the Resolution, among other things.

Well, if the Mayor gives effect to the Resolution, instead of applying to Court in some hairbrained effort to escape costs, the municipality will immediately escape its April induced limbo!

Ye gods and faeries!

The Oudtshoorn DA Chair, Hannes Barnard, said that April acts like someone who murdered his parents and then throws himself on the mercy of the Court for being an orphan.

Indeed.

Oudtshoorn. 9 August 2012. 11h50.

DA SAVES RATEPAYERS HUGE LEGAL EXPENSE

The DA, one of 9 respondents, will oppose the application for relief coming before the High Court in Cape Town tomorrow.

The Fedex, the highest administrative authority of the DA, approved the action and the Western Cape leader briefed counsel as a consequence.

OO has studied the papers and have sought opinion from several informed parties and legal specialists, and will publish an analyses in urbi later today.

For the moment is must be said that the DA could have moved to appoint counsel for the “Oudtshoorn Municipal Council”, a fellow respondent. This would have had the ludicrous effect of ratepayers paying for the legal counsel on both side!

But the DA opted to oppose the application in its own right, saving ratepayers an enormous bill.

Will the other political party respondents, the ANC; Icosa; and the NPP, also put Oudtshoorn first and oppose the application!?

OO is known to be a severe critic of the DA, but in this matter the DA is putting Oudtshoorn first – voters take note!

In the meantime it has become an open secret that the Speaker, Johannes Stoffels of the NPP; and the Mayor, Gordon April, and the “MM”, Thandekile Mnyimba, nearly came to blows yesterday.

Stoffels was heard to shout at April and Mnyimba, “You’ll be gone in 14 days”, or words to that effect.

The cadres are restless.

But it is alarming that the Mayor and his Mayco and theadministration appear to have no respect whatsoever for the rule of law.

The decades old words of Ayn Rand make one’s skin crawl:

“When you see that in order to produce, you need to obtain permission from men who produce nothing–when you see that money is flowing to those who deal, not in goods, but in favors–when you see that men get richer by graft and by pull than by work, and your laws don’t protect you against them, but protect them against you–when you see corruption being rewarded and honesty becoming a self-sacrifice–you may know that your society is doomed.”

Oudtshoorn. 7 August 2012. 19h55. The Executive Mayor of the Greater Oudtshoorn, His Worship, Alderman Gordon April, today served notice on Oudtshoorn’s Municipal Manager Designate, Allen Paulse, appointed by Council on July 26, of his intention to petition the High Court to set aside the Council Decision…

It’s effevtively The Oudtshoorn Municipality v. The Oudtshoorn Municipality!

Or, more fully, Gordon April; and the Oudtshoorn Municipality v. The Speaker; the Municipal Manager; and the Oudtshoorn Council.

What is of particular significance is that the Mayor appointed legal councel, in consequence of a delegation; but that the Council remains unrepresented, as no Council Meeting was held to appoint counsel!

OO suspects that the Council will convene post-haste to consider the legal action taken against it and appoint counsel soonest!

The ratepayers of Oudtshoorn will therefore pay any figure followed by five zero’s to have the Council fight the Council while Oudtshoorn bleeds dry.

What a circus!

OO has learned that a senior member of the Cape Bar, whose name is known to OO, proffered a written opinion, and these writs do not come cheaply, dismissing any chance of success in an appeal against the Paulse verdict of June 1.

OO demands that this opinion be made public!

The Mayor; the Speaker; and the Director Corporate Services must inform the ratepayers of the reasons for requesting the opinion; the contents od the opinion; and the cost of the opinion.

Also of interest is that the Western Cape Minister of Local Government is not listed as a respondent in the latest Court adventure.

The Minister will have to rely on his oversight functionality to be heard in this application, should the Minister be inclined to become involved.

I stand with Alice: “Curiouser and curiouser!”

(She was so much surprised, was Alice, that for the moment she quite forgot how to speak good English.)

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16 thoughts on “Oudtshoorn v. Oudtshoorn!

  1. 1)- En wie gaan nou vir hierdie onnosele advies betaal en wie was die advokate (by name) wat hierdie ‘no brainer case” in die Hooggeregshof aanvaar het ?

    2) Wat is Foreplay se hoogste kwalifikasie ? (Baie kere word die doelbewuste illusie geskep dat iemand wat vir n LLB ingeskryf het, reeds n graad het en nou sy finale vakke vir LLB afhandel. Gereeld hoor jy n klong wat slegs Graad 10(St 8) het, reeds die ouderdom van 23 bereik het, nou graag vir sy LLB wil registreer, sonder dat hy ooit die binnekant van n universiteit besigtig het, of ooit daar gaan uitkom ! . Dit skep wanpersepsies. WAT IS FOREPLAY SE HOOGSTE GEAKREDITEERDE KWALIFIKASIE EN WIE HET HOM IN SY POS BY ODN AS ‘MAYORAL MANAGER” / REGSADVISEUR AANGESTEL ? Daardie antwoord behoort beduidend te wees wie almal vir hierdie verspilde kostes van ‘fruitless expenditure” behoort op te dok, so ook April wat gesonde advies gereeld ignoreer !

    Kan OO lig op die saak werp ?

  2. Investigative – die future ex mayor se manager, Vuyisa Forplay was voorheen “legal advisor” by die Munisipaliteit toe Gutas hom aangestel het. Mnr Gutas het vir Forplay gedwing / gevra om vir sy LLB by Unisa te registreer, en volgens ingeligte bronne het Forplay al sy vakke gedruip. Ek dink Forplay is die “sharp legal council ” wat vir Gordon adviseer.

  3. 1) OO – Has Mnyimba packed already ?

    2 ) OO – tell us i pray thee, who were the ‘sharp legal council’ that represented His Worship April met die Bril where power has not been ratified by the new Council and that neither the Council, nor the Mayoral Committee authorised this action ? Names please.

  4. OO what is the cost of todays court application and for whose account ?

  5. Dear Gordon, I`m speaking to you from the NASA Curiosity exploration rover on the planet of Mars. We follow events closely on mother earth as reported on OO. It seems to all of us up here that you now have nowhere to go seeing that the motion of no confidence against your mayorship looks very likely to succeed. Some of the species here on Mars communicate to us that you are 1 of them, and that you escaped to earth, from Mars a few decades ago. They miss you up here and asked us to relay the message that you should come back home to Mars where you belong. We will speak to the guys at Spacex – next time they visit the ISS, they can give you lift and bring you back home. Over and out !!

  6. This is what the ANC decide at their last Congrss: The challange is for them to act on it:
    This National Conference therefore resolves:
    To ensure that:
    ANC councillors meet on a regular basis as a council caucus;
    Caucus positions are taken in line with the policy guidelines of the ANC and the mandates of the relevant constitutional structure; Caucus positions are binding on every ANC councillor, regardless of whether she or he was elected on a PR or a ward basis.
    Every ANC councillor should be properly equipped, trained and politically educated for the role of councillor;
    A mechanism of recall is introduced for PR councillors,
    Ward councillors who have proven themselves unworthy of ANC candidacy could be barred from re-standing on an ANC ticket.
    That every ANC council caucus, and every ANC councillor individually, shall strive to achieve the following within each municipality:
    the promotion of clean administration and the prevention and eradication of all forms of nepotism and corruption within municipalities;
    the strategic appointment of progressive and well-equipped individuals to positions within the administration to achieve racial and gender representivity and maximum efficiency;
    Accountability for performance within the Public Service
    Noting that:
    Misconduct is widespread within the public service;
    and There is a general lack of discipline;
    A culture is evident where individuals lack accountability and responsibility for the performance of their jobs.
    This conference resolves that:
    Measures be put in place within the Public Service which ensure fraud, corruption and misconduct can be dealt with promptly; and
    Such acts must be punished urgently, appropriately and through disciplinary procedures.
    Noting that:
    There is poor definition of the different roles of political and administrative heads;
    Confusion results in good governance being undermined by the political activities of administrators; and
    Confusion may also result in the inappropriate and unwanted involvement in administrative activities by politicians;
    This conference resolves that:
    The roles of the Political and Administrative heads be clearly defined;
    A protocol is adopted to regulate the relationship and lines of accountability between Ministers, Premiers, MECs, HODs, DGs and CEOs;
    Processes are put in place to ensure that such roles are observed by all stakeholders.
    Noting that:
    Staff do not have sufficient skills, and consequently;
    fraud, maladministration and corruption is often not detected;
    financial management systems are not adequate to meet the challenges of the new model of governance;
    Corruption
    Noting that:
    corruption may be understood to be the abuse of power for illegitimate and illegal gain or profit; whether it be exercised in the private or in the public domain;
    corruption leads to losses in efficiency and opportunity, and to increased production costs.
    Hence, it adversely affects development and, as a consequence, results in poverty becoming more prevalent; there are alarmingly high levels of corruption in the private sector.
    Realising:
    that corruption undermines the objectives of the National Democratic Revolution;
    Aware:
    of the political opportunism of the enemies of the ANC in defining all mismanagement as corruption; and
    Recognising:
    that the ANC-led government inherited institutions with an ethos of corruption and personnel engaged in corrupt practices, functioning within a society lacking in morality;
    Therefore resolves that:
    The elimination of corruption should be placed high on the agenda of the ANC, by ensuring that:
    branches and members are educated on the various forms of corruption, the necessity for its eradication, and the difference between corruption and maladminstration;
    a nationwide anti-corruption campaign, including a media campaign, be initiated; mechanisms be developed to build a link between state intervention on corruption, and our movement`s own initiatives and responses to the matter;
    prompt disciplinary action be taken against any member, regardless of office, who is guilty of any corrupt practice.
    The government should ensure that:
    legislation and regulations are introduced to deter corruption through punitive measures;
    steps are taken to review institutions fighting corruption,
    and to increase their resources and effectiveness;

  7. At least the DA has now started to take a stand in this fiasco. I trust the ANC will also now say enought is enough and get rid of their useless cadres in Council. Voters will judge both DA and ANC on this matter in furture. Be sure you will be judged not just in Outshoorn. Rest of county are watching you both, THANKS TO OO!!!

  8. Lembede Investments, met respek verskil ek. Patel en April kan moontlik nog vir lang tyd n ketting dra – dalk daardie soort kettings wat beskuldigdes howe toe dra as hul as n ontvlugtingsrisiko beskou word, of hoe ?

  9. Wat ‘n fiasko!!!!!!!!!!! Ai ai ai. Kan dalk Patel wees wat agter die ding sit ook? Mens weet nooit? En ja, @lembede, ek watch die space……. Veral die tussen jy weet wie se ore?

  10. ” Because things are the way they are, things will not stay the way the are ” – Bertolt Brecht. Jy gaan nie meer lank die ketting dra nie, Gordon. Nog net n paar dae….nog net n paar dae !

  11. Hulle gaan verloor, dan teken hulle seker weer appel aan, ja nee comrade Patel melk die koei en ons moet vir die koei weiveld gee.

  12. Hier kom die sirkus van die jaar. Die nar is April ( gin wonder sy van is April)met Patel as die ringmaster. Iemand gaan sy gat sien dis verseker!

  13. Die Openbare beskermer sal eersdaags die ODN vs ODN leer aanvra
    Patel en Gordon loop groot gevaar dat hierdie “waistful expenditure” vir hul eie rekening gaan wees
    Watch this space !!

  14. Die klong is te onnosel om self so iets uit te dink, wie sit daaragter? Fransman en sy “ANC GET THE CAPE AT ALL COST ” kaders?

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