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!
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.
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.)