Will the DA act in Eden!?

DA mum on Mayor van der Westhuizen

Decision makers turn to O!O first for what’s really happening in Eden
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Drewan Baird. Oudtshoorn. 25 March 2013. 00h01. I wote the new Eden DA constituency head, WesternCape minister of finance, economic development and tourism, on Saturday:

The Constituency Head
Mr Alan Winde

Dear Alan

Please respond expeditiously to the following:

1) With the 20 strong extended DA Caucus reduced to 17, one short of a quorum, with Wessie van der Westhuizen and Gert Niehaus not allowed to be present, and the Bitou representative not yet installed, which steps are you taking to ensure that the apparent DA controlled Eden council pass a resolution to give effect to the ENS report at the next council meeting this coming week?

I trust that you realise your tally to be 16 in fact, as no sentient politician, such as you, would absolutely trust to an undertaking of the Eden Cope member.

2) The George Herald reported on Thursday, as did O!O on March 16 already, that the mayoral vehicle exceeds the speed limit 95% of the time used. This outrageous figure makes for a high probability that the mayor personally had been speeding while driving the car at least at certain instances, and certainly indicates that the car had been speeding at some instances with the mayor as passenger.

Which steps are you taking to ensure that the drivers of the official mayoral vehicle be investigated?

3) Do you acknowledge damage to the DA brand by the above doingses of your caucus members and their functionaries, so justifying an appeal to you and not, for instance, an appeal to the municipal manager, or to the speaker?

4) Are you in correspondence with your peer in Oudtshoorn, Jac Bekker, as Van der Westhuizen is a member too of the Oudtshoorn caucus?

It is beyond me that the DA can be mum about the charges against its mayor!

DREWAN BAIRD COMMUNICATIONSensaytional – 076 349 6316
Making sure they see it your way

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3 thoughts on “Will the DA act in Eden!?

  1. Mense , wat het jul van Bredell en Winde verwag ? NIKS.
    Dis hoe mens hul leer ken het.
    Waarom gedoog Helen nog beide is die GROOT VRAAG !!!

  2. Ek kan ook niks kry nie.

    Dit lyk vir my wat hier gebeur is dat die raadslede – besemstokke met DA Tshirts – ja-broers en susters nie daartoe in staat is om vir hulself te dink of in eie wil op te tree nie – daar gestel is om die opdragte van die “KAAP” uit te voer sonder om te bevraag teken. Hulle wag dat hulle toutjies getrek word deur die “KAAP” voordat hulle enigiets kan of sal doen. Die stelsel is duidelik doelbewus so ontwerp.

    Die problem kom in wanneer die toutjies nie getrek word nie. Die Poppemeesters in die “KAAP” skenk nie die nodige aandag nie, of hulle weet eenvoudig nie wat om te doen nie, of dit pas nie hulle agenda om te doen wat hulle dalk weet hulle moet doen nie. Dit is wanneer situasies soos die ontstaan.

    Ek laat my egter nie vertel dat die KAAP, bv Bredell, met jare en jare se ondervinding van plaaslike regering en wat op sterkte daarvan aan die hoof van plaaslikle regering in die provinsie staan, nie bewus is van wat gedoen kan word om die problem op te los nie. Al is dit dan net in die kort termyn. Botha en Winde is ook geen vreemdelinge wanneer dit by munisipale sake kom nie. Dit is tog waar hulle vandaan kom!! Gesoute manne, een en almal.

    Die groot vraag is: Is die DA bereid om te doen wat gedoen moet word om plaaslike regering tot voordeel van die plaaslike mense te bedryf? Dit lyk nie vir my so nie.

  3. At the root of all the problems we have in municipal governance is the fact that the councillors with very very few exceptions do not have the necessary knowledge to enable them to do their jobs effectively. Even long-serving councillors do not even have the knowledge of the basics and do nothing to acquire the knowledge.

    Take the quorum problem faced by Eden District. If they had the basic knowledge the Constitution and the Municipal Structures Act, the problem could have been overcome already.

    Both vd Westhuizen and Niehaus are appointed by their respective councils to serve on the Eden Council. They are appointed by their councils on a proportional basis and it is a simple matter for the DA caucuses in these two councils to re-call these councillors and appoint replacements. That can be done at a single Special Council meeting and a simple notice from the respective MMs to the IEC and Eden MM informing them of the decision.

    That would restore the DA Eden caucus to 20 members with none required to recuse themselves. Problem solved. The vote on investigating them can then be taken without the ANC who will of course continue supporting vd Westhuizen.

    I am sure that this may have occurred to somebody, but it seems that the DA and O!O subscribe to a fallacy that an appointed councillor may not take part in district councils’ deliberations until sworn in or “installed” as O!O puts it.

    It is so that the Constitution requires that an MP or MPL must first be sworn in before they can perform their functions in the relevant assemblies. EG. ” Before members of the National Assembly begin to perform their functions in the Assembly, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with schedule 2.” [Sec 48 of the Constitution.]

    Section 107 requires the same of MPLs.

    When it comes to elected public representatives,members of the Assemblies at the so-called third tier of government, local government, our councillors, the constitution and all other legislation contains no such requirement.

    Section 26 of the Municipal Structures Act, states very clearly and simply as follows:

    “26(2) A person assumes office as a councillor when declared elected or when appointed, as the case may be.”

    Clearly therefore, the moment a council such as Oudtshoorn or George resolves to appoint a councillor to a district council, that person “assumes office” as a councillor at that district council. Simple if you know the rules and stick to the rules. Nowhere in any legislation is it required that the councillor be sworn in before assuming office. The fact that swearing in ceremonies are held by Councils serves no purpose other than self aggrandisement and unnecessary pomp and ceremony.

    If the Eden Councillors, the Oudtshoorn councillors, George councillors had bothered to inform themselves of the most basic legislation that governs what they are paid handsomely to do they would have acted accordingly and their would be no stale mate and they would not have allowed council to be held to ransom.

    If the MEC for local government knew this he would have been duty bound to correct the speaker and councillors of Eden District so that they can get on with the work of council.

    If they do know these basics, there must clearly be another motivation for not acting according to the law and getting on with the work of council.

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