Ngoqo exonerated!?

DA incompetence may cost Bitou ratepayers dearly

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Oudtshoorn. 5 September 2012.

11h15. the matter has been postponed until 21 September, in Cape Town as the municipality had no trial record to prepare.

The records disappeared during the arson attack in February.

(You were spot on Mr X! Spot on with your prediction. Click here.)

OO just told Counsel for the defense where to get the record.

Ye gods and faeries!

05h50. The arbitration hearing of Lonwabo Ngoqo is scheduled for today in Plett.

Ngoqo used to be the municipal manager of Bitou until he was found guilty of mismanagement and Mr Justice P. C. Combrinck returned a sanction of dismissal, on February 6.

Ngoqo served notice on Bitou, on March 8, of his application to the local government bargaining council for an alternative finding and sanction.

In the mean time the ANC ordered its Sunday’s River Councillors to appoint Ngoqo MM, in flagrant disregard of the Municipal Systems Amendment Act which forbids the appointment of someone sanctioned as was Ngoqo.

Dacre Haddon, DA Member of the Eastern Cape Provincial Parliament, requested the MEC, Mlibo Qhoboshiane, to declare Ngoqo’s appointment null and void ito s54A(8) of the act.

The DA’s Western Cape minister of local government informed Qhoboshiane and the Sunday’s River mayor of Ngoqo’s sanction and was ignored.

Even the national CoGTA minister, Richard Baloyi, was informed and at least it appears as if the national minister is heeding the act: Should Ngoqo’s application before the bargaining council fail today, he would have to vacate his Sunday’s River office within 24 hours.

Yeah. Right. OO readers have heard this one before! Ngoqo and his ANC cads will surely find a way…

Yet, there’s much more to today’s hearing.

OO readers will recall that the Bitou DA Council first instigated charges against its director community services, Monde Stratu, and then vacated the charges, against the advice of the then acting municipal manager and the Council’s counsel.
(Click here for details.)

The inconsistent approach by the Bitou Council that resulted in Ngoqo being found guilty and dismissed, and Stratu having charges against him vacated, may well see Ngoqo exonerated.

There is excellent case law to support such an outré denouement:

1) SAA and SARHWU (1998) 7 ARB 8.6.2; June 1998.

2) NEHAWU obo Billett and PE Technikon (2003) 12 CCMA 8.6.1; 8 April 2003.

3) Mine Workers Union obo Hinrichsen v Randfontein Estate Ltd (2001) 22 ILJ 282 (CCMA).

In all of the above cases inconsistency by the employer resulted in successful petitions by the applicants.

Ngoqo’s counsel, Hardy Mills, was abviously not prepared to comment on his strategy yesterday, but OO suspects that the case law will be at least argued, probably in limine.

Should Ngoqo succeed today, the very kind of functionary the law attempts to exclude from public service, will be back on some gravy train somewhere.

Then there will be the little matter of the cost of the Ngoqo disciplinary process.

It must be remebered that the only Bitou Councillor to have opposed the vacation of charges against Stratu, has been fired by the DA – Johann Brummer.

The fruitless expense of the Ngoqo matter should therefore be for the accounts of the Bitou Councillers in their personal capacities.

Considering Mayor Memory Booysen’s appalling management of the Ngoqo, Stratu, and Mattheus disciplinary processes, one would expect the DA, who manages its Councillor discipline to the very cent, as is evident from the Brummer cessation of memebership, to act swiftly and finally against Booysen.

O, and then there is still the matter of Ngoqo’s claim against Bitou, should he succeed today.

One can only wonder how Bitou’s ratepayers must feel about this risky management of their affairs!

All Bitou’s Salga representative, Alex Kannemeyer, could probably do today is too argue against representation and effect a postponement to attempt to settle.

OO, as it is wont, also proposes this outrageous possiblity: That the vacation of charges against Stratu was orchestrated with the very view of exonerating Ngoqo!

Sounds too farfetched?

Welcome to politics!

Is it possible that OO is o, so right when it describes Memory Booysen as an ANC Mayor is a tattered blue T-shirt!?

The ANC rules Bitou. Welcome to reality.

Click here to judge for yourself.

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4 thoughts on “Ngoqo exonerated!?

  1. Pletty, did you in fact read the arbitration judgment? Please get it and read it with comprehension. Julle gaan betaal Johann, julle gaan betaal! There are no technical issues at play here.

  2. I have just had the privilege of reading the arbitration award, and to Pletty, yes indeed, Mr. Ngoco was exonerated. He didn’t dodge the bullet on any technicality, he was found not-guilty on all charges both substantially and procedurally. The arbitrator actually made some rather negative findings regarding the ex-judge who presided over the hearing. Now, if memory serves (no pun intended), some bloggers and OO as O!O was then known, made some pretty harsh judgments against Mr. Hardy Mills due to some findings by the ex judge. Considering the contents of the arbitration award, I wonder just how much water the said remarks by the ex-judge holds? Oh, and just on the old bandwagon, anyone want to venture a guess as to how much this little ego-trip that backfired is going to cost the ratepayers of Bitou? Not to even mention the legal costs thus far, but the fact the the Municipality must pay Mr. Ngoco back pay from 6 February 2012 until 1 November 2012 – before 30 November 2012. Eina.

  3. “Exonerated?” No, Mr Baird. I would have expected a better choice of word from you. Are you really trying to tell us that dodging the bullet on a procedural technicality “absolves” the man of financial misconduct as found? No? Inaccurate language, my friend. Sies! What is the correct word? Maybe Gerhardus can help.

  4. This is not what the DA promised us last year.

    Even a blind man can now see that the (intended) consequences of the DA councillors’ (and ANC) following their leader over the cliff in taking a decision against the law and the good advice of the municipal manager, was a carefully planned maneuvre to get Ngoqo and his cronies off the hook.

    Gerhardus Wolf has been tending the sheep in Bitou while Shepherd Bredell gently slumbers in Cape Town and Billy Bunter Grant beats the crap out of Sheep Dog Brummer for trying to head off the stampeding sheep.

    Where the hell are the Ratepayers Associations in all this. Wake up guys, we, your members are going to have to fork out the millions this blundering is costing. Anybody for another 16% increase in rates and services?

    Brilliant! Gerhardus. Brilliant!

    Machiavelli couldn’t have done better.

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