What simply must happen to Wessie

Mayor’s formal response due today

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Oudtshoorn. 22 February 2013. 08h30. Bravado. Ostentation. Pomposity. Pretension.

But no velleity of regret that his actions lead to a forensic investigation, whatever the outcome.

(Velleity is one of my most favourite words, and means “lowest degree of volition”. One of my favourite authors, Bill Bryson, defined it as “that which describes a mild desire, a wish or urge too slight to lead to action.”)

O!O has learned that Mayor Wessie van der Westhuizen is boasting that “four advocates” told him not to worry about a thing, nothing will happen to him.

That much O!O is also predicting, but for different reasons, to be sure.

Sad.

Sad, Wessie.

Sad, DA.

It’s YOUR man, DA! Fix it!

Oudtshoorn. 19 February 2013. 06h30. Yesterday I reported my conviction that nothing will happen to Wessie van der Westhuizen in the ENS matter.

But here is what should happen…

The key ENS findings are:

1. Van der Westhuizen committed fraud, forgery and uttering, breached the MFMA, exceeded his authority, abused his position, breached policies and procedures, failed to act in the best interests of the municipality, acted dishonestly, interfered in the administration of the municipality and breached the code of conduct for councillors.

2. Niehaus was complicit in fraud and uttering, breached the MFMA, failed to act in the best interests of the municipality, acted dishonestly and breached the code of conduct for councillors.

3. Fisher abused his position, breached policies and procedures and failed to act in the best interests of the municipality.

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The DA caucus, and the Eden council, do not have the technical expertise to decide the merits or demerits of the ENS findings, irrespective of Van der Westhuizen’s written response, due to be filed by close of business today.

Therefore only one course of action is permissible: Disciplinary action must be taken against Van der Westhuizen, Niehaus, and Fisher so that a properly constituted tribunal of the accused’s peers may decide the matter.

If disciplinary action does not follow, the Eden functionaries responsible for the investigation must personally reimburse the municipality for the wasteful expenditure of the investigation… and be charged with wilful intent to injure Van der Westhuizen; Niehaus; and Fisher.

And the municipality must inform the people of Eden why the discrepant travelling and accommodation claims exposed by the ENS Report are not addressed.

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10 thoughts on “What simply must happen to Wessie

  1. Rapporteer die hele spul aan die Publieke Beskermer nadat die DA en die Premier hul hand oorspeel het en die publiek verder in die donker wil hou. Hier kom groot sports

    Gaan dit Wessie wees of Bredell of BEIDE ??

  2. The Wessie matter is simple, the municipal manager Godfrey Winston Louw has a duty in terms of the MFMA to report fraud and corruption to the SAPS. I respectfully refer you to the provisions of section 32 (6) of the MFMA. wHY IS HE NOT ACTING AS REQUIRED BY THE LAW? WHAT DOES WESSIE HAVE ON HIM?

  3. Willimpie dan moet ons as die publiek ons howe nader om die Eden raad te dwing om die aangeleentheid in ‘n
    ‘ oop vergadering te hanteer soos vereis deur die Stelselswet 32 van 2000. Hulle (DA) kan nie toegelaat word om hierdie beweerde korrupte handelinge onder die spreekwoordelike mat te vee nie. Die SIU moet ook versoek word om Eden se sake vanaf 2006 tot vandag toe te ondersoek.

  4. Lyk vir my die wet is baie duidelik oor wat gedoen moet word en wie dit moet doen. Dit is dus vreemd dat die Premier se kantoor in die person van Koos Cellier ook deelneem in ‘n proses wat vierkantig binne die plaaslike raad se sfeer van verantwoordelikheid resorteer. Wat gaan hier aan? Dit is inmenging of selfs miskien intimidasie van die raadslede om dit te doen. Die wet laat nie toe vir so iets om te gebeur nie. Dit is uit en uit die Eden raad wat moet optree volgens die neegelegde prosedures.
    In lig daarvan dat die Burgemeester gister sy repliek gelewer het op die ENS verslag kan ons nou uitsien daarna dat die speaker binne ‘n redelike tydperk (2 weke) ‘n raadsvergadering bele om dit aan hulle voor te le en dan onmiddelik die dokumentasie en raadsbesluit openbaar te maak. Dit wils se teen die einde van Februarie sal ons weet wat presies die posisie is van die Burgemeester se kant.
    As ek lees wat Pletty se, en die wet wat hy aan haal dan stel dit my gerus dat ‘n oop en deursigtige proses gevolg moet word. Al optrede wat ‘n vals klankie laat is die blykbare inmenging uit die Premier se kantoor.
    Dit laat ‘n mens wonder of Bredell gaan voorgese word wat om te doen indien die Eden raad of sy komitee sou besluit op ontslag. My voorspelling is dat die eerste bevel uit die Kaap sal wees om die ondersoek agter geslote deure te hou tenspyte van wat die wet se. Dit maak dit dan makliker vir Bredell om Wessie se bas te red.
    Ons sal maar moet wag en sien.

  5. With regard to the above:

    It is very important to remember that the above process does NOT happen in terms of labour legislation. A councillor is not an employee and labour law and processes do NOT apply.

    The “investigation” by the council or its committee (A hearing conducted in terms of the rules of natural justice), must be OPEN TO THE PUBLIC.

    The public have the right to have first-hand insight into the behaviour of their elected public representatives. This is confirmed by sub-item 13(2) of the code of conduct for councillors and the right of local community members to demand, ito of s 5(1)(e) of the Systems Act that the meetings of the council and its committees are open to the public. IT IS A MATTER OF PUBLIC INTEREST, NOT AN EMPLOYEE DISCIPLINARY ISSUE.

    In terms of s20(1)(a) of the Systems Act a council or its committee may only close its meeting if it is REASONABLE to do so. It is not reasonable to close a meeting where an elected representative’s conduct and use of public money is being considered. It is very important for the public to know this first hand and to satisfy themselves that the issues are properly interrogated and dealt with. That is the reason why in the very early stages, the Speaker’s report and the councillor’s reply must be made public. It is a form of “judicial proceeding” and justice must not only be done, but SEEN to be done. Right out in the open and not behind closed doors.

  6. There is a clearly legislated process to be followed. The process is all paint-by-numbers. Extract from Code of Conduct for Councillors below sets it all out very nicely.

    Duty of chairpersons of municipal councils
    13. (1) If the chairperson of a municipal council, on reasonable suspicion, is of the
    opinion that a provision of this Code has been breached, the chairperson must— DONE.
    (a) authorise an investigation of the Facts and circumstances of the alleged breach; DONE (ENS REPORT)
    (b) give the councillor a reasonable opportunity to reply in writing regarding the
    alleged breach; and DONE
    (c) report the matter to a meeting of the municipal council after paragraphs (a)
    and (b) have been complied with. NEXT STEP
    (2) A report in terms of subitem (1) (c) is open to the public. VERY IMPORTANT
    (3) The chairperson must report the outcome of the investigation to the MEC for local
    government in the province concerned.
    (4) The chairperson must ensure that each councillor when taking office is given a
    copy of this Code and that a copy of the Code is available in every room or place where
    the council meets.
    Breaches of Code
    14. (1) A municipal council may—
    (a) investigate and make a finding on any alleged breach of a provision of this
    Code; or
    (b) establish a special committee-
    (i) to investigate and make a finding on any alleged breach of this Code; and
    (ii) to make appropriate recommendations to the council.
    (2) If the council or a special committee finds that a councillor has breached a
    provision of this Code, the council may—
    (a) issue a formal warning to the councillor:
    (b) reprimand the councillor;
    (c) request the MEC for local government in the province to suspend the
    councillor for a period;
    (d) fine the councillor; and
    (e) request the MEC to remove the councillor from ofiice.
    (3) (a) Any councillor who has been warned, reprimanded or fined in terms of
    paragraph (a), (b) or (d) of subitem (2) may within 14 days of having been notified of the
    decision of council appeal to the MEC for local government in writing setting out the
    reasons on which the appeal is based.
    (b) A copy of the appeal must be provided to the council. 20
    (c) The council may within 14 days of receipt of the appeal referred to in paragraph
    (b) make any representation pertaining to the appeal to the MEC for local government
    in writing.
    (d) The MEC for local government may, after having considered the appeal, confirm.
    set aside or vary the decision of the council and inform the councillor and the council of
    the outcome of the appeal.
    (4) The MEC for local government may appoint a person or a committee to
    investigate any alleged breach of a provision of this Code and to make a recommendation on whether the councillor should be suspended or removed from office.
    (5) The Commissions Act, 1947 (Act 8 of 1947). may be applied to an investigation
    in terms of subitem (3).
    (6) If the MEC is of the opinion that the councillor has breached a provision of this
    Code, and that such contravention warrants a suspension or removal from ofhce. the
    MEC may— .
    (a) suspend the councillor for a period and on conditions determined by the MEC;
    (b) remove the councillor from ofiice.
    (7) Any investigation in terms of this item must be in accordance with the rules of
    natural justice.

  7. Ed any idea on why Wessie got into the Polo I mentioned……still wondering

  8. Thanks for the info, Mfundo.

    According to the Eden Speaker, Mayor van der Westhuizen did file his response today.

  9. Made a delivery to the Eden building today just after 3pm and saw Wessie and his driver/bodygaurd coming out of the front door and gettong into a White colored VW Polo.

    Ed did he reply to the speaker as you’ve been updsting us on? And just a quick thought-I read in the George Herald that Eden’s new mayoral car is a 2012/13 VW Jetta-why did Wessie get into a VW POLO hatchback that is atleast a 2006-2009 model?

  10. The pathetic and corrupt complicit DA officials wont react, they are as bad as the ANC, or Rampele would have joined the DA !
    The investigation following the KPMG report of 23 Jan 2012, yes 2012, yes 2012, where R7,5 million of your tax payers money have been imbezzled, is still outstanding. This in spite of MM Godfrey Louw promising to have this report early Feb 2013. Godfrey, today is 19 Feb, yes 19 Feb, yes 19 Feb Mr Louw !! . When do you intend doing SOMETHING, especially since your Council had discussed this KPMG report in March 2012 already, yes March 2012 already, yes March 2012 already, Godfreytjie ??.

    Is anybody HOME in the Eden Council ????? ANYONE ??????

    Talk about clean and competent DA functionaries !! There is no such a thing – the writing has been on the wall for both the DA and ANC for a loooong time! No one so blind as he who does not want to see !!
    Viva AGANG, viva Agang !!!

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