Change!? At last!?

Who can tell!? It’s up to politicians. It might as well be up to the faeries.

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Oudtshoorn. 11 September 2012.

09h55. The Municipality must now file papers on September 21 for a judge to hear the Western Cape minister of local government’s urgent application on October 10.

(See the story at 30 August, 12h55 below.)

The High Court is in recess for a while during part of this period.

Oudtshoorn. 30 August 2012.

21h55. I have just received a telephone call from the ANC Secretary General, Gwede Mantashe.

This follows on the telephone discussion I had with a functionary in Luthuli House on Wednesday.

Mantashe said that I should not “blackmail” the ANC.

This was a reaction to an sms I sent him and Jesse Duarte at 17h41 on Thursday: “There is a Council Meeting in Oudtshoorn tomorrow at 10h00. If the ANC does not have Mnyimba and April removed, the ANC will have proven that its ‘clean government’ calls are nothing but hot air.”

Mantashe said that local governments must run themselves and that intervention would harm the three tier government system.

I pointed out that ignoring a High Court verdict and a Council Resolution call for and justify intervention.

Mantashe agreed and said that he was aware of the problems in Oudtshoorn and not insensitive to the issues threatening good governance.

He declared himself willing to receive information on the local state of affairs to assist him in the national government’s “oversight role”.

I must note that I am criticising the ANC much more severely than I do the DA.

Yet the ANC, locally, provincially and nationally, has never ceased to engage, wheras the DA has long decided that OO is merely a pain in the neck.

Even the local lot, the DA Caucus and the Constituency Committee, has terminated all contact with OO.

Petulant, to say the least.

And pretty laughable.

Let’s see if the ANC delivers what the DA claims they can’t deliver just at this time: clean government.

The DA can’t deliver because it is not in power in Oudtshoorn.

But it also failed to deliver when it was in power, from 2007 to 2010.

So, OO will heed the invitation to report to Gwede Mantashe.

And OO will continue to inform Helen Zille and James Selfe and Theuns Botha and Anton Bredell… Even though they need no help fixing Oudtshoorn.

By the way, not many local newspapers can call Mantashe and Zille and their cronies readers.

12h55. For clarity’s sake, OO here publishes extracts from the urgent application (see inserts below) by The Western Cape minister of local government, Anton Bredell, for a High Court order in the following terms:

1.Directing that the operation and execution of paragraphs 1 and 2 of the order of this Honourable Court of 1 June 2012 shall not be suspended;

2. Directing that the costs of this application be borne jointly and severally by any of the parties as may oppose the application; alternatively that they be costs in the application for leave to appeal, further alternatively that they be costs in any appeal.

In his affidavit in support of this application, Bredell states, inter alia, as follows, at paragraph 11 and thereafter:

11. This Honourable Court handed down its judgment on 1 June 2012. Mr Justice Blignault found that the Municipality’s decision to appoint Mnyimba as its municipal manager was unlawful and invalid, and issued an order declaring that decision to be null and void, as well as an order setting aside that decision and any contract concluded in consequence thereof.

12. On 22 June 2012 the Municipality and the Municipal Council of the Municipality delivered a notice of application for leave to appeal against the whole of the aforementioned judgment and order.

13. On 4 July 2012 the State Attorney informed the Municipality’s attorneys that l would be opposing the application for leave to appeal; and on 6 July 2012 the State Attorney filed a notice of intention to oppose the
application on my behalf.

14. The Municipality did not approach the Honourable Mr Justice Blignault, or my legal representatives, to arrange a date for the hearing of that application for leave within the time period required by the Consolidated Practice Notes of this Court.

15. As a result, the junior counsel who represented me in the High Court telephoned the Municipality’s new senior counsel on Wednesday, 25 July 2012 in order to attempt to arrange a date for the hearing of the application for leave to appeal. The Municipality’s senior counsel said that my counsel should contact the counsel for the Applicant (Mr Paulse) and that they could thereafter discuss a time for going to see the Judge.

16. Before any further steps could be taken in this regard, it came to the Provincial Government’s attention that the Municipality had, on Thursday 26 July 201 2, resolved:

16.1 to set aside the decision – which had been taken by the Municipality’s Mayor (Mr Gordon April) – to apply for leave to appeal against the judgment of Mr Justice Blignault in this matter;
16.2 to instruct the attorneys representing the Municipality immediately to withdraw the application for leave to appeal;
16.3 that the Mayor should pay the wasted costs in relation to the matter;
16.4 that Mr Mnyimba be ordered immediately to vacate the office of municipal manager and leave his post; and
16.5 that Mr Paulse immediately be appointed as the Municipality’s municipal manager.

17. This appeared to be the end of the matter. The junior counsel briefed in relation to the application for leave to appeal accordingly returned his brief; and my office and I waited for the Municipality to implement the Municipal Council’s resolutions.

18. Notwithstanding the Municipal Council’s resolutions of 26 July 2012, the application for leave to appeal has, however, still not been withdrawn. It has also become apparent that the Mayor has no intention of acting on those resolutions. He has evidently taken the view that, despite Supreme Court of Appeal authority to the contrary, he is entitled to ignore them on the basis that he considers them to have been invalidly adopted.

19. On Monday, 6 August 2012 the Mayor and the Municiplity applied to declare invalid the aforementioned Municipal Council resolutions. The Mayoral application was set down for hearing on Friday, l0 August 2012 for the issuing of a rule nisi, and the granting of interim relief.

20. The Mayoral application was not, however, heard on 10 August. Instead, by agreement between the Municipality, the Mayor and Mr Mnyimba, the application was postponed to 1 November 2012, for argument on whether the applicants were entitled to final interdictory relief. No interim interdicts were granted in favour of the Mayor and the Municipality on Friday, 10 August 2012, and the Municipal Council’s resolutions thus still stand.

21. The position is thus that, despite this Court handing down an order on 1 June 2012 declaring the Municipality’s decision to appoint Mr Mnyimba as the Municipal Manager to be null and void, and notwithstanding the Municipality’s Municipal Council having resolved on 26 July 2012 not to appeal that decision and instead to instruct Mr Mnyimba to step down as Municipal Manager immediately, Mr Mnyimba remains in that post, and will do so at least until the Mayoral application has been finally determined in this Honourable Court, and any appeals in relation thereto have been finally disposed of.

22. 1 respectfully submit that this is a wholly untenable situation, and one which, in the light of my supervisory and oversight powers under section 54A of the Systems Act, I cannot permit.

23. 1 reiterate that, as this Honourable Court has held, Mr Mnyimba was not eligible to be appointed as the municipal manager of the Municipality, as he lacks the requisite senior managerial experience. I also emphasize that, as this Honourable Court has found, Mr Mnyimba “clearly did not” meet the “minimum competency levels” for appointment to the post of municipal manager (as he only possessed four out of the thirteen tested competencies). In those circumstances, it is manifestly not in the public interest for the order of this Honourable Court (declaring the appointment of Mr Mnyimba as municipal manager to be null and void, and setting aside that decision and any contract concluded in consequence thereof) to be suspended.

24. 1 submit that, even apart from the Municipal Council’s subsequent resolution to withdraw the Municipality’s application for leave to appeal and the Mayor’s decision to ignore that resolution, it would be appropriate for paragraphs 1 and 2 of this Court’s Order of 1 June 2012 to take immediate effect. When one takes into account those further developments, the case for an order in terms of Rule 49(11) becomes even more compelling. I respectfully submit that the Municipality’s flouting of its own Council’s resolutions cannot be countenanced, and the Municipality can not be permitted to achieve an indefinite suspension of prayers 1 and 2 of the 1 June 2012 order by virtue of putting its application for leave to appeal into a state of limbo.

25. There will be no real prejudice to the Municipality in the event that paragraphs 1 and 2 of this Court’s order of 1 June 2012 take immediate effect. It is indeed in the Municipality’s interest not to have a person serving’in the municipal manager’s position who has been found by this Court not only to lack the requisite senior managerial experience, but also not to have attained the minimum competency levels for the post. There would also be no difficulty in installing an interim or acting municipal manager at short notice. In terms of section 54A(2A)(a) and (b) respectively, the Municipality could appoint an acting municipal manager for an initial period of three months, and then seek to extend that appointment for a further three months with my leave. The Municipality could also request that I second a suitable person to serve as municipal manager in an acting capacity (in terms of section 54A(6)(a)). in my experience, most chief financial officers of municipalities are more than capable of assuming the position of acting municipal manager, and are usually the preferred candidates for such posts. There is no reason to believe that the Municipality’s current chief financial officer could not become the Municipality’s acting municipal manager with immediate effect.

26. I therefore respectfully request the relief set out in the notice of application to which this affidavit is attached.

Oudtshoorn. 30 August 2012. 07h25. The High Court application which OO reported yesterday evening (see 18h00 below) is filed ito Rule 49 (11) which stays a verdict when appealed… unless the Court otherwise directs.

The application is, indeed, for the Court to otherwise direct and to lif the stay, so to speak.

If successful, Mnyimba will cease to act as Municipal Manager and only be allowed back if and when Council successfully appeals the June 1 verdict.

Luthuli House yesterday morning told OO that the NEC did discuss Oudtshoorn’s woes and that a “task team” will visit the municipality soon.

OO replied that it wasn’t good enough – April and Mnyimba should be removed forthwith or the ANC will have effectively declared that it supports incompetence and that it condones the violation od the rule of law and basic democratic principle.

“Those are harsh words, Mr Baird”, replied the ‘off the record’ commentator.

“I’ve many more harsher one”, I replied to a chuckle.

OO was told, on the solemn undertaking of annonimity, that the appointment of Mnyimba is an embarrassment to the ANC and that April’s continued presence is a matter of “grave concern”.

“ANC embarrassment”, I replied, “is none of my concern, and ‘grave concern’ doesn’t move me. I want my town purged!”

“I hear you…”

More OO can not divulge on an undertaking of confidentiality.

(Please pardon the lateness of the report on this development – the Bitou foulups and a number of pressing and long discussions on Tuesday and Wednesday stalled me.)

Oudtshoorn. 29 August 2012. 18h00. The Western Cape minister of local government, Anton Bredell, finally filed the in limine application, which OO earlier proposed, and reported on the 26th (see below at 11h00) in the High Court Monday, seeking to lift the stay on the June 1 verdict ruling Mnyimba’s contract null and void.

The April-Mnyimba-Mayco gang is, of course, allowed to oppose this application, but the minister argues that Mnyimba’s continued presence causes Oudtshoorn harm.

I am sure that the ANC will find a way. Unless Luthuli House means what it said to OO…

Watch this space.

Oudtshoorn. 26 August 2012. 11h00. The manager: office of the executive mayor, Vuyisa Forplay, had some comment on the “Oudtshoorn Municipal Manager Subject” last week.

Forplay.

Ye gods and faeries.

Forplay has some diploma in “public administration” and used to be a guide at the Cango Caves when the then Director Corporate Services, Thembani Gutas – please don’t get me started on Thembani Gutas again – appointed him in the office of then Legal Advisor, Chantel Williams – pleaaaaase don’t get me started on Chantel Williams again – next to a suitably qualified and articled lawyer, now building a career in another Eden municipality, bless him as he deserves much, much better than the idiots of Verwoerd Sq.

Click here for more on Forplay, Gutas and Williams.

Nevertheless, here is the spelunker’s statement:

The subject of the status of the municipal manager of the Greater Oudtshoorn position has recently been topical in both local and national media, for that reason, the office of the Executive Mayor believes it is necessary to update the Greater Oudtshoorn and the interested parties in brief on the matter without jeopardising pending cases in the court of law.

Mr. Thandekile Mnyimba was appointed as municipal manager of Oudtshoorn Municipality with effect from 1 January 2012, and is currently still acting in the position of municipal manager.

Despite the High Court having ruled that Mr. Mnyimba’s contract is null and void, the said judgment is stayed pending the outcome of an appeal against the judgment, based on legal advice obtained.

The Council only resolved not to appeal the judgment some time after the notice of appeal was already filed and lodged. However, this resolution is currently the subject of a High Court review and is sub judice.

OO has learned that the minister of local government is advised to bring an in limine application before the High Court seeking to lift the stay on the June 1 verdict ruling Mnyimba’s contract null and void.

It is expected that Council, at the next Council Meeting, apprently scheduled for Friday, will rescind the 26 July resolution, inter alia terminating Mnyimba and appointing Allen Paulse.

Paragraph 33 of the Council’s Rules of Order provides that questions or motions on matters already resolved by Council can be revisited by Council after 3 months, or earlier with the consent of the Speaker.

Oudtshoorn is again at the mercy of the double-dealing, mendacious NPP: Had Badih Chaaban order thus and did Ron Lottering hear that and was Johannes Stoffels informed so…

The sooner Oudtshoorn is relieved of arrogating so-called “politicians” cowering before party bosses, the sooner Oudtshoorn can be started on some road to recovery.

Oudtshoorn. 22 August 2012. 06h00. The Mayor and his administration were locked in discussions with the Council’s legal advisors yesterday to give effect to an ANC PEC directive to disengage Thandekile Mnyima “softly”… By giving him a “severance package”.

Mnyimba is not good enough to be MM. This much the High Court confirmed on June 1 when Mr Justice Blignaut ruled Mnyimba’s contract ab initio null and void.

This means that Mnyimba never was a municipal employee and it would be rather interesting to learn the arguments proposed to give someone a severance package when that someone never was an employee.

OO is sure the cadres will find a way!

The 13 ANC-Icosa-NPP Councilors are, of course, welcome to pay Comrade Thandi any sum they deem appropriate, as long as the merry 13 realise that they’ll have to pay the golden handshake along with the appointment expense and the legal costs pertaining to Mnyimba’s tenure.

What a band of fools. They had not even the money to travel to Cape Town on Sunday to appear before Boss Marius Fransman, but they’re fixing to pay Mnyimba six figures.

Morons.

As OO reported earlier, charges against the abstaining Erik Ngalo and Nondi Gunguluza were dropped in exchange for doing as they’re told from now on.

Therefore the July 26 Council Resolution will be reversed at the next Council Meeting, relieving Gordon April of the legal expense relating to the on again, off again appeal; and rescinding the appointment of Allen Paulse in favour of no less a personage than Ron Lottering.

The ANC’s abject failure to serve democracy and the rule of law is confirmed.

Oudtshoorn. 20 August 2012.

11h35.

ANC papers over Coalition cracks – Deal struck on Mnyimba; Resolution to be overturned.

The cadres. One has to hand it to them. They survive. Like parasites.

The entire Oudtshoorn Coalition Government Caucus met with representatives from the Provincial Executive Committee in Cape Town yesterday morning.

PEC members Marius Fransman; Songwezo Mjongile, Major Sokopo, Putco Mapitiza, and Vuyiso Forplay were present, along with Ron Lottering, Oudtshoorn’s Director Community Services and de facto NPP Secretary General and leader in Oudtshoorn.

A surprise attendee on the PEC side was Duncan Korabie, Attorney at Law.

Korabie launched into adv Shaheed Patel, the current Council legal silver bullet. Because, doubtlessly, Korabie would like the entirecake, not just most.

The Councillors were taken to task for the better part of an hour before two decisions were made – or announced by the PEC:

1. Thandekile Mnyimba must go; and
2. Allen Paulse must under no circumstances be appointed in Oudtshoorn, as he is, according to the PEC luminaries, “a DA man”.

The how and when of Mnyimba’s departure is the prerogative of the PEC. Apparently Mnyimba must remain in offce to give effect to PEC instructions for Oudtshoorn, and then go.

There is also a school of thought that the ANC wishes to retain Mnyimba long enough to gain the necessary experience to be lawfully redeployed elsewhere – in the Eastern Cape somewhere, where standards are not exactly exacting.

The latter sounds pretty hairbrained, but OO has learned not to put any idiocy beyond the decision making of the conrades (sic).

It was made clear to the four dissident Councillors – their names are known to OO – that no further dissent will be tolerated and that current charges against them, such as there may be, will be withdrawn. The political careers of the four are, however, clearly compromised.

It is remarkable that the PEC appears to be critical of the ANC’s “management” of Oudtshoorn, and also critical of Councillors who object to the selfsame management practices. As I live and breathe…

Icosa, the sorry flunkeys, obviously do as they are told. This little piggy is going to market with Daddy Hog.

The NPP must be bought. And this pack of polecats wuz bought off with the apparent Acting MM position for Ron Lottering.

The NPP can not afford to have Allen Paulse in Oudtshoorn. Because Paulse knows things…
It would appear, and OO now speculates, but intelligently so, that the Resolution of July 26, rescinding April’s decsion, in consequence of a delegation, to appeal the Paulse verdict; terminating Mnyimba’s tenure; appointing Paulse MM; demanding that April personally pays the legal costs pertaining to the appeal, will be reversed at the next Council Meeting.

We’re back to square one.

Therefore OO’s vindictive report early this morning – It is time.

It is time that the management of the affairs of Oudtshoorn be taken out of the incompetent lakey hands of political stooges. It is time for independent balances of power in Oudtshoorn, and in Eden. To this end OO commits.

Oudtshoorn. 19 August 2012.

10h05. The entire ANC Caucus meets with members of the PEC in Cape Town this morning at 11h00.

At this time it appears as if not even the most intimate members of the local ANC structures have details of what transpired in Luthuli House on Friday when members of the NEC met with the Regional and Provincial Secretaries, Putco Mapitiza and Songezo Mjongile.

OO was told at least the following:

Mapitiza and Mjongile was informed of the NEC members’ recommendation on Jesse Duarte’s May report on Oudtshoorn. The report serves before the NEC later this month.

Mapitiza and Mjongile now have an opportunity to act on the recommendations, or face some kind of political dance music when the NEC meets.

Two ANC Councillors will remain in Cape Town when the delegation returns later today. urbi will this evening carry detials on tomorrow’s expectations.

In the mean time OO has learned that the fire breathing Community- and Civil Rights Activist Mary-Anne Mngomezulu, regarded by many as the most influential ANC member in Eden, is highly upset with Gordon April and rising against him.

Mngomezulu; and even the Bitou stalwart, Lulama Mvimbi, a longstanding Councillor and previous Mayor; as well as the ANCYL, have apparently now pledged their support for the overwhelming anti-April/Mnyimba initiative.

Although Mnyimba seems to be history, it is widely accepted that neither Mjongile , nor the NPP’s Badih Chaaban, supports the appointment of Council’s MM designate, Allen Paulse.

Mjongile is sore that Paulse sued the ANC over the Mnyimba appointment and Mjongile also realise that Paulse will not succumb to cadre demand for contracts and cash.

Chaaban wants the double-dealing tripple-crossing Ron Lottering appointed at least Acting MM, for an initial 3 month period with an opportunity to extend this high paying position for another 3 months – to boost the party coffers, no doubt.

Will the PEC today accept that Gordon April is a disaster for Oudtshoorn and an embarrassment for the ANC and the worst possible option for service delivery to Oudtshoorn’s beleagured from the masses in Rose Valley to the few in Raubenheimer Street?

Or will the Fransman/Mjongile brotherhood of self interest prevail at the expense of Oudtshoorn’s most vulnerable?

What are the ANC’s true colours? And will it be shown soon!?

Oudtshoorn. 18 August 2012.

07h50. The entire ANC Caucus – all the ANC Councillors – as well as the Provincial Sectretary, Songezo Mjongile, have been summoned to appear before the ANC’s Provincial Executive (PEC) tomorrow, Sunday, at 11h00.

OO can confirm that the initiators of the regional ANC protest against the now unabated anarchy in Oudtshoorn are livid at the news of Mjongile’s public support for the actions of April and Mnyimba. (See the inscription at 06h50 of today’s date below.)

07h20. Having put Thandekile Mnyimba on terms on August 15, the DA/Cope Alliance similarly put the directors on terms yesterday, as Mnyimba obviously and expectedly ignored the letter of the 15th, as he continues to ignore the High Court verdict of June 1; and the Council Resolution of July 26; and the calls even from ANC ranks to evacuate his office.

17 August 2012

To:
Mr. Human
Director Corporate Services;
Mr. Lott
Director Financial Services;
Me. Z. Ntile
Director Technical Services;
Mr. R. Lottering
Director Community  Services;
Mr. L. Coetzee
Director Strategically Services

Good Afternoon

Attached hereto a letter directed to Mr. Mnyimba.

This letter was copied to you on 14th August 2012.

As you probably have noticed, Mr. Mnyimba is still in flagrant disregard of the Council resolution and Court Order.

I must remind you that you are servants of the Council and as such, you are obliged to ensure that Council resolutions are effected.

You are hereby jointly and severally put to terms to prepare and serve the necessary notification on Mr. Mnyimba and to perform such tasks as may be necessary to give full effect to the Council resolution.

Failure in this regard will render you liable for action in due course in terms of the Systems Act.

We wish to record that in the short space of time since the above-mentioned Council resolution was adopted, at least two of you i.e. Mr. Human and Mr. Lot have acted as Municipal Managers. Both have failed to perform their duties in this regard..

The time has come to accept your statutory duties and to ignore any other illegal input or influence which may be brought to bear on you individual and/or collective selves.

Your time is running out fast!

Yours faithfully,

P.P Councilor Chris McPherson
DA/Cope Alliance

06h50. The Mail & Gurdian reports (ANC won’t give up on ‘incompetent’ cadre) that ANC provincial secretary Songezo Mjongile said the party supports the actions of the Oudtshoorn municipality, adding that the court’s ruling was based on a technical argument about the requirements of a municipal manager.

Mjongile said politically there was “a deeper background to the story”.

“Deeper background”, indeed!

Effectively Mjongile is declaring that the

– ANC supports an appointment of an incompetent cadre, such as Mnyimba;

– ANC supports an incompetent cadre, such as Gordon April, who refuses to adhere to a High Court verdict and refuses to implement a Council resolution;

– ANC supports the continued suppression of the rule of law and the democratic process by continuing to support Mnyimba who refuses his Constitutional obligation as Chief Accounting Officer to give effect to a Council resolution;

– ANC supports anarchy.

Oudtshoorn. 17 August 2012.

14h25. The ANC is rising against the ANC mismanagement in Oudtshoorn.

After Justice and Equality Front (JEF) published the Mnyimba story earlier today, the following comments were recorded…

Bjorn Oria, Previous Deputy Secretary of the ANC YOUTH LEAGUE Bitou Sub-Region and Chairperson of the ANCYL Aldridge du Plessis Branch:

I wish to give my full support to the Concerned ANC MEMBERS, since I personally am gravely concerned about the state of the organization in the region. I am currently in deliberations with other ANCYL Branches in their respective sub-regions and am drumming up support for a regional mass action against these disgraceful actions in Oudtshoorn and the poor ANC Leadership in regard thereto.

Terence: I fully support the actions of Mills and the concerned ANC members. Mnyimba and April must go. Whats happening in Oudtmun is thievery by some of our own comrades. There is nothing political in the appointment of Mnyimba. He was just appointed to channel tenders and appointments to certain so called empowerment comrades. Thats the facts.

Biko: The ANC in Oudtshoorn is a discrace for us! Give them hell!!

Amos: I agree with this action.Unlawful conduct like Mnyimba’s should not be tolerated. Someone needed to make a firm stand.

Marius Murths: As a loyal member of the ANC all these years who just stood silently by and watched the action of individuals, destroying the very nature and character of this organization. I believe that no longer can I stand silent while the moral fibre of this great organization is being torn apart piece by piece. I am prepared in this war on true justice to be expelled from a home that I have known since I started my interest in community and political matters. Furthermore why can’t people just accept defeat if it is in the interest of perpetuating democracy in a positive sense. God help us.

Wicked Mike: One of my biggest criticisms of the ANC is that it doesn’t monitor, punish and correct itself. This action is one of the best pieces of news i’ve read this year. It’s a true step towards democracy! I hope that i see many more.

Francois: This is a disaster, how can this happen, we must all stand together to ensure that we can proceed with growth. Come on people!!!!

12h45. Mnyimba suspended Supply Chain Manager Jean Laduce earlier today. Laduce has already left the premises.

Myimba’s actions are illegal and will have significant financial repercussions for ratepayers.

In the meantime SALGA meets at 13h00 with the Council and top management to learn first hand of Oudtshoorn’s problems.

OO will, of course, have a report on the meeting soonest.

08h30. Mnyimba’s back!

Since Tuesday last Oudtshoorn’s Municipal Management was passed from Mnyimba to Human to Mnyimba to Lott to Mnyimba.

If only the Springboks can handle the ball so successfully on Saturday!

What a joke.

The ANC is too corrupt to move.

The NPP wants position before it moves.

Icosa… Well Icosa.

The DA can, in all reasonableness, do nothing more than what it has done to date.

The residents can only be disgusted.

Oudtshoorn. 16 August 2012.

18h00. Speaker Stoffels has confirmed a Council Meeting for Tuesday with the DA earlier today during a Whips’ Meeting.

Whether this undertaking will be realised is anyone’s guess as the ANC / Icosa / NPP Coalition Caucus has met afterwards.

The NPP President, Badih Chaaban, took part by telephone and the ANC Regional Sectretary, Putco Mapitiza attended.

Chaaban was adamant that Mnyimba must leave, but did not want Allen Paulse appointed Acting Municipal Manager as he demanded that his Oudtshoorn point man, the Director Community Services, Ron Lottering be appointed.

Lottering is suspected of foul play in the July 26 fiasco when a Resolution was adopted despite the NPP’s support after Lottering apparently misrepresented Chaaban’s instructions to Stoffels.

The ANC does not want Lottering appointed. OO is told that the ANC does not trust Lottering.

OO will report the outcome of this Caucus as soon as details are available.

14h10. CFO Deon Lott, for all practical purposes the most senior Director reporting to the Municipal Manager, was threatened by ANC Councillors Jurie Harmse, who led the pack; Pieter Luiters; and Hendrik Ruiters, not to serve any documents on Mnyimba at the request of any functionary.

This is the apparent reason for Lott’s terror, when asked yesterday by the visiting ANC functionaries to report to Mnyimba’s office, even though Mnyimba had already fled the building at that time.

Oudtshoorn is clearly run by uneducated, uncouth thugs who have nothing but intimidation and violence with which to “manage”.

However, only a real piteous wussy should be intimidated by the woebegone likes of Ruiters and Luiters. These two wimps should not scare a newborn but for appearance.

Harmse, however, is a dangerous man, having threatened to kill Oudtshoorn’s whites – click here for the story – in October 2010.

A man who is capable of threatening genocide is capable of any atrocity, methinks, and should be feared and avoided at all cost.

It is confirmed: The ANC is a pack of hoods with no respect for democracy and the rule of law.

However…

Harmse, Luiters and Ruiters (nice ring to it, don’t you think – Harmse, Luiters, and Ruiters, somewhat like three blind mice) may have incurred a bit of a problem with their cowboy sidekick antics.

There is a Constitutional injunction against Councillors interfering in the administration of a municipality.

The MFMA at s173 (4) (a) reads that a councillor of a municipality is guilty of an offence if that councillor deliberately influences or attempts to influence the accounting officer, the chief financial officer, a senior manager or any other official of the municipality to contravene a provision of this Act or to refrain from complying with a requirement of this Act;

Lott was the Acting Municipal Manager at the time of the confrontation and Harmse; Luiters; and Ruiters attempted to influence him not to give effect to a Council Resolution.

s174 dictates that a person is liable on conviction of an offence in terms of s173 to imprisonment for a period not exceeding five years or to an appropriate fine determined in terms of applicable legislation.

These three jokers should be criminally charged!

How can the ANC tolerate plonkers like Harmse, Luiters, and Ruiters!?

Or did the ANC instruct them!?

Ye gods and faeries!

As Lord Mount-James once said to Sherlock Holmes, “Heavens, sir, what an idea! I never thought of such villainy! What inhuman rogues there are in the world!”

Indeed, Lord Mount-James, indeed.

07h20. Two ANC Councillors had the commitment to their constituents to abstain on July 26. Another has joined their ranks.

As many as 4 others, informed sources told OO yesterday afternoon, are against the current ANC course in Oudtshoorn.

The faceless objectors must now show their intent.

We can do without poltroons in the Council; in politics.

Anton Bredell, the DA’s Western Cape Minister of Local Government, is typical of such craven politicians; such cowards – terrified to act.

This current Oudtshoorn mess is the ANC’s mess; the ANC must fix it!

Zuma’s version of the “Freedom Movement” is a sick joke. This much pretty much everybody knows.

Now is the time for ANC “community leaders”, elected to office, to ACT.

The A-N-C must A-C-T.

The balance of power in the Oudtshoorn Council lies with the NPP, represented by Johannes (he prefers John) Stoffels.

Not only is Stoffels a useless Speaker – probably the worst Oudtshoorn has ever seen – he is also unable to manage even involuntary bodily functions, so it seems, without the permission of his “President”, Badih Chaaban… And the false instructions of the NPP’s Oudtshoorn leader and Director Community Services, Ron Lottering.

Stoffels couldn’t call a dog fight in a paper bag, let alone call a Council Meeting on his initiative.

Where are the ANC Councillors!?

Cowering in terror somewhere safe where even their consciences can’t confront them!?

The ANC Councillors are scared to act against Mnyimba.

For it is Mnyimba – the “Municipal Manager” no less! – who instructs the ANC Caucus.

A senior ANC leader told OO yesterday dat ANC Caucus Meetings in Oudtshoorn are quiet affairs with little or no interaction and discusssion. The members sit around and wait for Mnyimba to inform them of the the ANC instructions from above.

Mnyimba was not appointed, albeit illegally, as “Municipal Manager”; Mnyimba was appointed to be the ANC’s point man in Oudtshorn!

Begone, I say!

Any YOU, ANC Councillors, YOU remove him!

Oudtshoorn. 15 August 2012.

20h10. Councillors are still in violent suffering pangs and severe mental spasm over calling a Council Meeting.

Ye gods and faeries! Enough already! Just do it, for crying in a bucket.

We should have had a Council Meeting at 20h00 tonight, but for bureaucratic Bos taurus faeces.

These dense doofuses can’t run a bath if it was plugged and the taps opened, but they hold sway over more than half a billion of our money and play silly buggers with us voters.

Get your collective sphincter ani minified, or get the hell out of the way, you cretin ne’er do wells!

19h15. The dissenting ANC Councillors deserve Oudtshoorn’s appreciation.

They are not deserting the ANC; they simply want to see the ANC commit itself to clean government.

Yet they are threatened in ways most OO readers can hardly imagine.

Last night, for instance, the ANC’s Provincial Secretary, Songezo Mjongile; and the Regional Treasurer, Major Sokopo – he who was given the contract for VAT recuperation by Mnyimba – suggested, during a public meeting, that the two Councillors who abstained on July 26 were traitors and should be hanged.

This during “celebrations” of a socalled MK “soldier” who was hanged for killing a bus driver many years ago, under the Apartheid Regime.

Mjongile and Sokopo are bush-league politicians deservedly feared.

I would not want to be on their wrong side.

In the mean time there is no local trace of Mnyimba. Perhaps, it is suggested, he is overnighting at Zukiswa Ntile’s in George.

18h20. OO has just learned that Mnyimba is not in Cape Town!

He was forwarned of the action against him and was driven away from the municipal building just after 12h00 this afternoon – curled up on the floor of his black Audi driven by his ever committed PA, Amy Sylvester.

And by the way, OO has it on impeccable authority that Sylvester has one of those “cadre driving licences” issued by the Oudtshoorn station.

Where’s the broad in ya face smiles now!?

17h45. Thandekile Mnyimba’s “support” is collapsing.

The illicit MM is in Cape Town while concerned Councillors and the ANC’s regional leaders are moving to remove him.

According to a credible ANC source “more tha 90% of all Eden ANC branches” are against Mnyimba’s continued presence in Oudtshoorn.

The branches believe that Mnyimba’s presence is causing the ANC untold harm in Eden.

ANC functionaries this afternoon wanted to serve Mnyimba with documents giving effect to the Council Resolution to appoint Allen Paulse in Mnyimba’s place, whose contract was declared ab initio null and void by the High Court.

Even SAPS officers were on standby outside the MM’s office to monitor the removal.

When Mnyimba’s supporters alerted him, he ordered the municipal security guards to remove the police officers!

Councillors are at this time moving to call an urgent Council Meeting to ensure that the resolution of July 26 is given effect.

It is an interesting scuffle, what with Councillors seeking permissions and instructions from leaders to avoid prosecution and disciplary measures.

Especially the Speaker, Johannes Stoffels, is terrified, already facing a disciplinary hearing on Saturday.

The Director Corporate Services, Francois Human; and the Director Community Services, Ron Lottering were nowhere to be seen when they were needed this afternoon to stand their ground for the rule of law.

The Director Finance, Deon Lott, who initially agreed to serve the Council resolution on Mnyimba, literally shook with fear and stress as he whimpered out of an undertaking he could in any event not fulfill as Mnyimba was absent.

Gordon April hid in his office, calling the ANC representative later as he spoke to OO.

Whimps, all!

Having been intimately involved in the rather enjoyable to-ing and fro-ing of today, OO suspects that Thandekile Mnyimba is history in Oudtshoorn. And Gordon April will soon join the ranks of bad dreams gone.

Today was a huge day in Oudtshoorn politics: Parties and individuals saw eye to eye in putting Oudtshoorn first.

Only good can come from this.

15h35. Two divergent political delegations met at 14h30. The outcome will have significant influence on Oudtshoorn’s politics and administration.

15h30. A number of Police Officers just left the municipal building.

Mnyimba is absent.

Details follow.

13h50. Oudtshoorn’s administration may change significantly by the time we all go to bed tonight.

A critical meeting started at 13h00 this afternoon and a follow-on one is about to commence.

OO will report the entire development of today’s quite remarkable denouement of what can be described Oudtshoorn’s greatest crisis yet.

Remain logged on; it’ll be worth your while!

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14 thoughts on “Change!? At last!?

  1. This is the best news i have heard in a very long time! The law will deal with this thievery. If April on advice of Korabie and Patel oppose this application there will be another account added to his existing account. They clearly did not foresee this eventuality. Hkgk!

  2. Wat my natuurlik pap slaan uit die hele storie uit is die feit dat hier skree ek “hell and brimstone” to the DA/Cope Koalisie in Bitou oor onregmatigheid in sekere besigheidstransaksies, maar wat gebeur in Oudtshoorn waar ons as ANC n verskil kan maak tot mense se lewens. Marius Murths

  3. Hoogtyd dat die publiek teen hierdie stroping van ODN se finansies opstaan. Julle weet mos nou al wat om te doen (belasting herkannalisering en ONAFHANKLIKE KANDIDATE ( want dis reeds 100% gewaarborg, dat “Stilsit” Bredell , soos in die verlede bewys, NIKS vir julle gaan doen nie)

    Terloops, dis nie OO se plig om die bal aan die rol te sit of te inisieer nie. As joernalis rapporteer hy slegs oor relevante sake, plaaslike belastingbetalers organisasies moet nou begin oorskuif na 2 e rat of die verplettrerende gevolge dra

  4. Oudtshoorns is “bevoorreg” om die volle omvang van barre kaderotplooing so eerstehands te kan ervaar!

    Dit verg baie om nog te bly glo dat ons van die dorp ‘n wendorp kan maak… en ‘n wenland???

  5. Onthou julle vir tannie Esme Everhardt?. Wel dit was die tannie wat Sondagmiddae verantwoordelik was dat boodskappies van weermag troepe aan hulle girls en ander geliefdes oor die radio gestuur is. So was daar ‘n troepie wat ‘n boodskap van ‘n “sak vol toffies “aan sy bedfo…te RSM gestuur het waarop tannie Esme geantwoord het ” wat ‘n bedagsame en liefdevolle gebaar” Nou ja toe, dieselfde boodskap stuur ek vandag aan Mnymba en Gordon April “n sak vol toffies aan julle tweetjies!

  6. Time is running out Mnyimba, April and Patel. We will drag you from a hole like Saddam Hussein and Ghadaffi.

  7. Can we all sleep well in ODH tonight or is it still a the jungle out there?

  8. But where do you go from here? Oudtshoorn is still under ANC control, so what will change? A few faces? This is a matter for the Provincial MEC Mr. Bredell, but???????????????? No action, as is normal!
    OO should engage with Mr. Bredell as he was very quick to act in the Swellendam/Hermanus area, and put the district council under administration, when there were some big land deals/issues at stake. We all know that he lost the case, but the land deals were done so it was a Win / Win situation for Mr. Bredell & Co.
    So, poor Oudtshoorn till 20014

  9. Dear Ed, “vanilla” idiocy? – Really? you surely mock the Baird! (WS to you!)

  10. Dear Fedup

    Spot on comment.

    If I weren’t so frustrated, I’d be rolling on the floor laughing.

    I assure you that I have not ever before experienced the levels of plain vanilla idiocy that was my misfortune to endure today!

    Intelligence too, to be sure; but sullied by asinine, mindless, buffoonery!

  11. Dear ED,

    “Thank you for your submission and we can confirm, during a lapse in the mirth, that we are sending you a lucrative offer for your screenplay version from the director and cast of Monty Python’s Flying Circus”

    PS – we won’t attempt to humor you with things like, “the cheque is in the mail etc………”, but we think your tale, unbelievable as it is, has great potential for some really great black comedy!

  12. He can run but he can’t hide. Putco and Co must know one thing and that is change is coming its just a matter of time. We will defend Eric and Nondi no matter what it will take. This is a matter of principle and the actions of those councillors who abstained from voting at the last council meeting is legally and morally defenceable. To keep MNYIMBA in the position of MM is not legally and morally defenceable. April you must make your decision asap, time is now really unning out.

  13. If Mnyimba knows what is good for him, he wont return to ODN to his ‘null and void” position
    Therefore, just a void remaining where he left, not that the void was ever filled, correct ?

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