Oooo James… You’re such a cunning linguist*
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Oudtshoorn. 10 September 2012. 17h00. James Selfe’s answering affidavit to Johann Brummer’s High Court application for membership reinstatement is devastating: The DA did no such thing as to terminate Brummer’s membership; the termination was an automated function of infallible DA processes.
It was the computer, don’t you know, what?
Brummer’s membership came to an automatic end, arising from the DA’s constitution, which proves (at clause 18.104.22.168) that:
“A member ceases to be a member of the Party when he or she … is in default with the payment of any compulsory public representative contribution for a period of 2 (two) months after having been notified in writing that he or she is in arrears and fails to make satisfactory arrangements for payment of the arrears. For this purpose ‘in writing’ means a letter of demand setting out the amount owing and the date by which it must be paid.”
Brummer was outstanding at July 31, 2012, and therefore his membership is terminated. Point.
And that, my longsuffering readers, is that!
The affidavit states, at paragraphs indicated:
113.The upshot is that the candidate fees were short-paid by either R702.73 or R2 465.73. The Applicant admits that at this date he owed at least R82.01 (at paragraph 30.14). This admission is fatal to his case.
114.Amounts paid after 31 July 2012 cannot be taken into account. By that stage the Applicant’s membership of the party had ceased.
142.On his own analysis he still owed the party part of his candidate fees on 31 July 2012. That is, with respect, the end of the matter.
OO has had several discussions with a senior DA functionary in this matter, and have notes from a telephone conversation at 19h46 on August 21, referring to “recent telephone conversations” where it was emphatically stated that a DA Councillor remains a Councillor until disciplinary processes have been exhausted.
This same functionary, whose identity OO has revealed to Brummer’s legal team, unequivocally confirmed to OO that –
1. No summary action results from “Cessation of Membership” notices;
2. The member has the right to approach the Court for relief;
3. In no case (“in geen gevalle”) has a member been terminated when amounts due were eventually paid;
4. An independent disciplinary hearing without personal agendas (“geen persoonlike agendas”) will result.
The issue is money. The DA states that Brummer “owed at least R82.01” on July 31… and therefore his membership is terminated.
The DA wants Brummer removed.
This much is evident from paragraph 80: “The notice of 13 August 2012 records that if his membership had not automatically terminated, he would face disciplinary charges.”
The last word in this matter has not been spoken.
O, by the way: The DA actually paid up in the Nel v. Oudtshoorn Municipality matter. This afternoon. At 13h14:05. After promise upon promise upon promise… You’re somewhat late, James Selfe, summat awfully late, my good man, but no worries mate, you won’t be terminated! Some of us are all grown up here in the backwater.
Some of us.
Before anyone in the Oudtshoorn DA caucus or the constituency committee suffers nympholepsy (down boy, it simply means a frenzy of emotion; no intimate tincture…) I confirm that one of my two informants in the very breast of the DA, Daantjie Dinamiet and Karel Kat, who often comments, has informed me, at the very time of the transfer, of the deed.
No local leak, Hannes; Dianne; Jac. Simmer down. Leave the ataractic be. Take a few deep breaths.
There you go.
O, and James, one of my informants is someone you speak to virtually daily. Aren’t you glad I’m a responsible blogger and don’t write all I know?
* In Tomorrow Never Dies (1997), when James Bond is disturbed by the telephone while in bed with a Danish girl, he explains to Moneypenny that he is busy “brushing up on a little Danish”. Moneypenny responds in kind by pointing out that Bond was known as “a cunning linguist”…