How the ANC intends to bring Mnyimba back

A cunning plan, to be sure!

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Oudtshoorn. 9 November 2012. 06h00. Mnyimba was back yesterday, ostensibly to come say his goodbyes.

Only, he did not say his goodbyes.

He came to negotiate.

The ANC is fixing to have Mnyimba appointed acting municipal manager and have him use this “experience” to qualify for the permanent position.

O!O was right (see the story below at 6 November) but only the ANC’s plan is even bolder: Mnyimba will gain the required experience here, in Oudtshoorn, rather than elsewhere and be returned.

Deon Lott, CFO, is not renowned for bravery, and quite famous for frail nerves and susceptibility for stress, and unwilling to act as MM.

Mayor Gordon April is dead against director community services Ron Lottering as caretaker. For once I agree with the Dysselsdorper.

This leaves us with Francois Human – because surely nobody with even just half a brain cell would consider director technical services Zukiswa Ntile…

Ye gods and faeries – poor Oudtshoorn.

The question now remains: Will the local DA councillors, not known for energy and boldness, force council’s hand in appointing a new permanent MM before Mnyimba can be returned?

I am told the DA did make representation to the Western Cape minister of local government, as I demanded on Tuesday night at the wards 1 and 2 reportback meeting.

I say that the DA will botch this matter.

Already, on Tuesday night, the local chair, Hannes Barnard, indicated that a “qualified” Mnyimba would have to be accepted.

This from the same man who told the media earlier the same day that finality was reached over the unlawful appointment of Mnyimba… “Die implikasie waarvan onmeetbaar sou wees“.

Remarkable. Irresponsible. And spectacularly naive.

If only the DA would respond, O!O would be able to explain to readers how the doublespeak with forked tongue may possibly be understood…

But the DA, like a petulant child berated for rascality, wont speak to O!O.

Pathetic.

And indicative of a political cadre that completely lost the plot – inasmuch as it ever had an understanding of the plot.

If the DA is this mealiemouthed about an appointment that can potentially destroy Oudtshoorn’s already frail finances, the DA can not be trusted with managing refuse bag distribution.

O!O can do only this much: indicate the folly.

Someone has to get the lethargic DA councillors to act.

Asa I said yesterday, on the title page: Ons weet nou al lánkal dat die armsalige ANC-raadslede niks doen sonder dat die NUK die PUK aansê om die SUK opdrag te gee om die koukus voor te sê wanneer om kamer te verlaat nie. Maar nou verneem O!O dat die DA-koukus óók sy “menings” deur “die Kaap” laat goedkeur. Ons het gestem vir drommels wat nie eens hulle eie menings kan uitspreek nie, wat nog te sê na ons belange omsien en dit bestuur! As jy ‘n pennie gee vir dié vermaledyde lotjie se kollektiewe gedagte gaan jy sommer báie kleingeld kry! Berge val op ons; heuwels bedek ons!

Good luck to whomever accepts this gordian task.

Oudtshoorn. 6 November 2012. 09h40. I had a theory; an hypothesis*.

My postulate** became a virtual certainty when the ANC’s regional secretary, Putco Mapitiza, rejected it early this morning.

I checked the theory with two acknowledged local government legal experts and with someone I trust implicitly in the office of the Western Cape minister of local government.

The ANC is fixing to bring Tandekile Mnyimba back to Oudtshoorn.

Before I indicate how this will be done, I need to explain what transpired during the night on October 31 (Halloween night!) before the High Court settlement of November 1.

The ANC claims that it decided to abandon the appeal of the June 1 High Court verdict during a meeting on October 31. This much Mapitiza acknowledged when I spoke to him after Thursday’s settlement.

I have subsequently discovered that two senior counsel, advocates Michael Osborne and Norman Arendse, whose opinions were procured at huge cost to the ratepayers, advised against the appeal.

Not only did the ANC not decide to abandon the appeal, the ANC in fact appointed new counsel late Wednesday and attempted to reverse the strategy not to proceed with the appeal and to settle, by essaying to influence the new counsel.

The attempted intervention of the ANC – note: the political party and not the Oudtshoorn Municipality – is highly irregular and questionable.

The name of the new counsel; and the detail of what transpired, and among which parties, in the early hours before court on November 1; is withheld for very specific strategic reasons.

The ANC lied about its willingness to remove Mnyimba.

The ANC lied. Period.

And either Mapitiza was not informed of the ANC attempts to inluence the outcome, or he too is lying, as he denied all knowledge of such intervention: “It is a fabrication.”

It is imperative for the ANC that Mnyimba remains in Oudtshoorn. The reasons are known to O!O, but withheld until documentary proof can be secured… soon.

This is how the ANC will attempt, probably successfully, to return Mnyimba as municipal manager:

The next council meeting will be delayed for as long as possible.

Already Mapitiza told me this morning that it is not easy to convene a council meeting as Oudtshoorn is not governed by the ANC, but by a coalition, and that several diaries have to be coordinated.

I laughed. Mapitiza fell silent.

When the next council meeting is eventually held, an acting municipal manager will be appointed in terms of the Municipal Systems Amendment Act 7 of 2011, from the ranks of three directors: Deon Lott; Ron Lottering; and Francois Human.

This acting MM will serve for 90 days. Instead of applying to the provincial minister for an extension, which Anton Bredell hopefully will not consider, council will circumvent the act and appoint another acting MM from the ranks of the remaining two directors – for another 90 days.

(Of course it is a violation of the spirit of the act; and of course it should not be done; and of course it probably can’t be done… But the ANC will still do it, of course.)

This procedure may be repeated one more time in order to allow the ANC council (pardon, the “coalition” council) to bring one Thandekile Mnyimba back as MM after he had gained the additional (3 X 3) 9 months of “senior managerial experience” at some ANC municipal cesspool to qualify for the position.

O!O challenges Bredell to intervene without delay.

Seeing as the poor minister got bloody nosed yet again in Swellendam recently, O!O will not ask him to intervene in terms of s109 of the Constitution, but simply to live up to his “oversight responsibility and power” to assist the “coalition government of Oudtshoorn” to procure a new MM soonest.

*A tentative insight into the natural world; a concept that is not yet verified but that if true would explain certain facts or phenomena.

** A proposition that is accepted as true in order to provide a basis for logical reasoning.

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24 thoughts on “How the ANC intends to bring Mnyimba back

  1. Colin (B) So we beg to differ. But I fully agree that the town needs political stability that represents what the people want.Not the political masters in either Cape Town or Johannesburg. A Ward Councellor, representing a Ward, should be elected by the people in that Ward and not by the party.That is democraty.
    I also believe that Donald Grant, during a previous election, asked for the support of the PBC. So nothing is new about that.
    But Colin (B) I grew up in Europe and feel that I have a different feel about democraty and what it represent. For Bitou I hope that we get a Clean – Open – Transparent Government that works for the people. As a Permanent Resident with no vote i stand on the side line and watch.

  2. Robert, thank you for the correction.

    If you believe that the voters of ward 2 will be reassured in the knowledge that the PBC, O!O and Hardy Mills are endorsing the independent candidate then you are sadly mistaken. It is also the case that the best interests of the community are not always in harmony with those of the business sector. There are always many other issues that need to be taken into consideration – social, environmental, financial etc – and the endorsement of Mr Guldenuys by the PBC will not reassure the voters that their wider concerns will be properly addressed.
    Furthermore, I cannot think of anything more destructive than to bring in an independent councillor to support the motion, as he surely will, and force an election for a new Council. Do you really believe that this is what the community wants?
    What the town desperately needs is political stability in order to rebuild itself and not the insanity that prevailed up until the time Mr Brummer was removed from his position as speaker.
    What seems to be singularily missing in many of the sentiments expressed in this forum is any sense of trust. The councillors who serve Bitou were elected for a term and are accountable to the community during this time for their actions. The recall system only serves to reinforce this lack of trust and has very little to do with accountability.

  3. Colin (B). Apologies this time from my end. I have been informed that our Executive Mayor has all the executive powers. They were not removed as I was told. Francois Geldenhuys, if elected as the Ward Councillor, will have to go back to ward 2 and, as his vote will be very important, discuss the No-Confidence vote in the interest of Bitou. The principle behind the endorsement by the PBC is very simple. I understand that the Executive, after discussions with other groups/people re our economy issued the following statement.

    Please take note that the PBC committee took the following unanimous decisions at a special committee meeting held on 14 October 2012:
    1. The PBC pledges its support for an independent candidate for the upcoming by-election in Ward 2.
    2. PBC member Francois Geldenhuys (“the candidate”) last week announced that he will stand as an independent in the election and PBC wishes to pledge its support to him.
    The decision of the committee was based on the following:
    1. The committee is of the opinion that it is in the best interest of business in Plettenberg Bay that the PBC get actively involved in the shaping and planning of our town’s future.
    2. The committee is of the opinion that the town should be run as a business and thus in line with the normal internationally accepted principle of the accountability of directors towards its shareholders.
    3. The PBC remains non-political and is not affiliated with any political party.
    4. We believe our decision to support an independent balance of power is progressiveness in action and in compliance with the above mentioned principle.
    5. The candidate together with other independent candidate (s) will present his manifesto and participate in a preliminary election process to be held on Tuesday, October 23 in the Piesang Valley Community Hall. Should the candidate win the preliminary election process he will progress to stand in the December 5 by-election.
    6. The candidate has subscribed to a “recall policy”. This means that voters can recall him at any time after December 5 and before the next election if they are not satisfied with his performance as a councilor and/or if he decides to go into a coalition with any political party. If the recall policy is enforced by the majority of the voters in Ward 2, the independent will be obliged to resign the seat.

    I agree with the above, apart from point 2. Personally I feel that the PBC should have pledged its support to the winner, after the Ward 2 voters had made a decision. If the PBC, OiO, Hardy Mills and others are offering to support the Independent (Not tied to a political party) I don’t see anything wrong with that as Francois Geldenhuys will be under contract to the voters of Ward 2 being their WARD Councillor. I want to see Open – Clean – Transparent Government that works in the interest of Bitou. I hope/trust that both Candidates will have the interest of Ward 2, as well as Bitou as a whole, as their number 1 priority and that the voters of Ward 2 will think before they vote. May the best man win.

  4. Apologies Robert but I think you have misunderstood me as my references were to an earlier statement you made in October which I quote: “I am a member of the PBC, did not agree with the endorsement of an Independent but understand the principle behind it.” I hope that clarifies matters and I will respond to your other points tomorrow. In the meantime I would be interested for you to expand on what has alarmed you so much as it is clearly relevant to the current situation.

  5. Colin (B). First I have to go back to my last “Blog”. I did not mention that “If Francois rejected the re-call agreement that he agreed to accept as you urged him to do”, he would be accused of going back on his word, even before elected!
    The “principle” I referred to is the understanding of many residents that the current system is not working. An “Independent” is not born and stands on a soap box in the middle of town. It is a movement born, and understood by many residents, as a requirement to solve our current dilemma.Different organisations, OiO and “JEF” are miles apart and the PBC is a non-political organisation, felt the urgent need to do something in the interest of all. Yes, they all supported a candidate to start the Movement, but now that the Movement has been borne all should withdraw and leave it to the Residents of Ward 2. They have to get organized.
    The first event that will take place after the election, regardless who wins is the “Motion of No Confidence”. I understand that the current Council removed the Executive powers, after the last election, from the Mayor and decided that “Council” would make all the decision. Therefore the Motion of No Confidence should be directed at Council and not at the Mayor and the Deputy. If accepted, all Councillors should have a very good soul-search, Council should step down as a whole and the residents of Bitou should be given the opportunity to vote again for a brand new Council reflecting the wish of the voters. Mr Geldenhuys role as the “Independent” in the current Council could be very short lived but the consequences could be enormous and far reaching for Bitou, the Western Cape and even South Africa. The new Council, reflection the “Mood and expectations” of the Bitou residents at this moment, without interference and “Secondment” of Officials loyal to the WC Provincial Government and, as such, making an absolute mockery of the “Equal 3 tear level” of Government, can than move forward to solve Bitou’s problems.
    What other solution do we have at the moment? 3 Councillors with experience have gone, the MM situation is ??????? (No blame on Mr Paulse) and the Mayor’s Executive powers (I believe that to be correct) have gone. It is not the Mayor, it is the system and the interference from another “tier” of Government.
    Colin (B) we (Bitou) have a very serious problem and I have my own with the Provincial Government that is currently coming to a head. We are all trying to work in the interest of our town, but what I found out recently, and suspected for a long time, is very alarming. But we are dealing with it. In short, YES I feel that Mr Geldenhuys will and can make a serious difference and contribution to all of us in Bitou.

  6. Colin (B). I will come back to you as you raise serious points. But just back from driving several days and serious meetings/discussions. Need to clear my head.

  7. Robert, I do not doubt your sincerity or your belief in the value of an independent voice. I agree with your view that the business community were wrong to endorse Mr Geldenhuys although I do not quite understand how you could also believe in the principle behind that decision. This association will not help his claims to be independent as will his agreement to a recall system which he should reject.
    Should Mr Geldenhuys win the election one of the first events that will take place is a motion of no confidence in the Mayor and his Deputy. If the motion is won then the mayor and deputy will either have to stand down from their positions or resign as councillors. Whatever they decide the outcome for Bitou will, in my opinion, be catastrophic. As Mr Geldenhuys will control the balance of power are you comfortable that he or the ( as yet unknown) committee that direct him will make the right decision as to the Motion? Be careful for what you wish as it may just come true.

  8. The Old Turks showed the youngsters exactly how to do it, and most significantly, how to get away with it. The example mentioned in the above article is petty in comparison with the art of abusing the deviation clause contained in the procurement legislation. Let’s just all hope that the pupil don’t eventually surpass his teacher. The DA-WAR ROOM will regret their actions the last year or so for generations to come. This is yet another tragic episode in our country’s unfortunate, loaded history of tragedies. The following key question remains unanswered however; who is the master brain behind all of this?

  9. Ja Baird when you are been taken to task you assume that its an ANC member taking you to task. The fact of the matter is that you are a liar and you fail to be objective and you will always be prig in the eyes of ordinary people. You are not fighting maladministration in municipalities, you simply fighting ANC municipalities and ignoring the rot in DA municipalities. I know exactly why you do not want to point afinger at George Municipality and Eden dm to name just the two, but same will be revealed in good time.

  10. Got you! You are such prig and I knew all along. Have a woderful day Mr Baird.

  11. Ag assebliéf tog Peter! Jy en Colin wil antwoorde hê wat júlle pas. Soek elders!

  12. Colin (B). Francois is standing as an independent WARD Councillor for Ward 2. Not a PR Councillor who can be “Sacked” at will by the party bosses if he/she is not following orders. So what is wrong with a contract between the Voters of Ward 2 and THEIR Candidate?

  13. How is the recall option and “true independence” mutually exclusive, Colin B!?

    And pray, what is “a truly independent candidate”?

    Ye gods and faeries.

  14. Thank you Anarchy. At last, someone telling it as it is! Perhaps we can now persude Mr Geldenhuys, if it is not too late, to withdraw from OO’s recall system and stand as a truly independent candidate.

  15. Colin; Anarchy

    1. I support Francois Geldenhuys – the people of ward 2 have spoken;

    2. I have tendered my availability to assist the Geldenhuys campaign;

    3. I have submitted specific advice.

  16. Bitou is not important as the DA are the ones fumbling there and Johan Brummer O!O’s pet project is not featuring any longer in Bitou.

  17. Peter, not a good idea to mention Bitou. Haven’t you noticed the lack of content recently. OO has been got at in order to present a united independent front. Having attempted to justify the unjustifiable (viz-a-viz the flawed recall system) he would do well to remain silent.
    Incidently OO, weren’t you going to give us sight of the draft contract.

  18. Ed, maybe they can do it in Oudtshoorn because the very same thing happened in Bitou, ja the appointment of Duppie Du Plessis was irregular as well as that of Kaalvoet Thysie Gilliomee. There were extensiens of contracts withoutfollowing the prscripts of the law. Maar soos die gesegde lei “two wrongs does not make a right”. Its just the double standards that you are applying when it comes to ANC vs DA. The DA’S corruption is quite fine! Thats the message that we are getting as ordinary citizens. Look at the Godfrey Louw saga, you are just sidestepping this issue. I call your objectivity into question Mr Ed!

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