DA free to appoint Sumeia Ndayi
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Oudtshoorn. 12 September 2012. 13h45. Madam Justice Jeanette Traverso this morning ruled against Johann Brummer in an urgent application to prevent the DA from appointing Sumeia Ndayi as proporsional councillor in the Bitou council.
Brummer’s counsel, André Knoetze of the Johannesburg bar, was refused opportunity to ammend his prayer – Traverso ruled he simply wanted to prevent the inevitable – to address the proposed invalidity of paragraph 22.214.171.124 of the party’s constitution: “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 now must consider the enormous battle – and cost – of attacking this clause as being against public interest and unenforceable.
Even if Brummer wins, he will simply have the relief of damages as a result of loss of inccome.
Bitou has lost its only DA councillor with balls.
I know it. Brummer knows it. The ANC knows it. And, of course, the DA knows it.
OO has much more to say in this matter, and OO will, of course, say it. Soon. But just now, there’s another pressing story that needs telling – read it late afternoon, it’s about the legal problems of a senior Oudtshoorn municipal functionary.
For the moment, this Brummer outcome is a traversity… Brummer lost with cost, as did the people of Plett.