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Oudtshoorn. 15 August 2012. 12h15. The DA served the following letter on Thandekile Mnyimba, illicitly arrogating as the Municipal Manager, earlier today.
13 August 2012
The Municipal Manager
Mr. Thandekile Mnyimba
We note with concern that you have failed to vacate your office in flagrant disregard of the decision of the High Court (Case nr. 2579011 1) in terms of which your appointment was declared null and void ab initio.
You are likewise in default regarding the implementation / execution of Municipal Council resolution of 26th July 2012.
We cite you in this letter as Municipal Manager not because we recognise you to be in that position but purely as a matter of exigence and in view of the fact that for unfathomable reasons you still occupy the chair of the Municipal Manager.
We must advise you that you are obliged by law to implement council decisions whatever your opinion or any other person’s opinion may be as to the validity thereof.
For your convenience we quote hereunder from the judgment in the matter Manana v. King Sabata Dalindyebo Municipality where Nugent A.J. found, with reference to the matter Grace v MC Culloch 1908 th 165 as follows at paragraph 22:
Although that case was decided a considerable time ago we were referred to no subsequent authority that conflicts with it and I know of none. And although this case must be decided under a different constitutional dispensation I can see no new principle that drives one in another direction. On the contrary, it seems to me that it would be conducive to disorderly public administration if officials were entitled to choose between executing or not executing a duly adopted resolution of the council depending upon their belief as to its validity – whether or not the belief is well-founded. In the absence of authority to that effect, or a principled explanation for why that should be so, neither of which is before us, I think the submission must be rejected. A municipal council acts through its resolutions. No doubt a municipal council is entitled to rescind or alter its resolutions. And no doubt an interested party is entitled to challenge its validity on review. But once a resolution is adopted in my view its officials are bound to execute it, whatever view they might have on the merit of the resolution, in law or otherwise, until such time as it is either rescinded or set aside on review.
For your added convenience and information we have [bolded] the appropriate portion thereof.
You are hereby urged to follow the honourable and lawful route by implementing the above-mentioned council decision vacating your premisses immediately.
If you fail to comply as requested above we will be obliged to take the neccessary steps to give effect to the Council decision which steps will include having you removed.
Cllr Chris Macpherson
Chief Whip DA/Cope Alliance
CC: Oftice of The Minister of Local Government, Western Cape Parliament, The Honourable Minister Anton Bredell
In the meantime DA Councillors Julia le Roux and Ben van Wyk this morning refused to take part in a Corporate Services Portfolio Committee Meeting on the grounds that the Administration refuses to implement Council resolutions.
Le Roux and Van Wyk were informed – I kid you not – that the relevant matter (the Resolution mentioned in the letter above) was “sub judice”.
Ye gods and faeries!
Not only is the administration lethargic and partisan; it is clearly also plain stupid!
Is not the Director Corporate Services an “advocate”!? Should not he, learned as he is, know better!?