High Court action inevitable
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Drewan Baird. Oudtshoorn. 4 June 2013. 13h05. The application will now in all probability only be heard tomorrow morning, Wednesday, as the Judge needs time to study the founding affidavits.
Drewan Baird. Oudtshoorn. 3 June 2013. 11h45. The application to set aside Friday’s “Meeting of the 17” and declare all. Its decisions null and void, will in all probability now be heard in the Western Cape High Court tomorrow, Tuesday, June 4.
In the mean time nothing has changed at Verwoerd Sq.
And I suspect nothing will, untill the by-elections.
Because the DA does not want control of the council; the DA simply wants by-elections – and they got three!
Drewan Baird. Oudtshoorn. 2 June 2013. 22h25. The “new” mayor, Ben van Wyk; his deputy, Felicity Magxaka; and speaker Chris MacPherson, have appointed counsel.
Notice of the appointment was served just before 20h00 Sunday night.
This development probably means that the DA will not attempt to force itself on the administration tomorrow.
Although, given the downright stupidity of Friday’s “take-over”, one can probably expect anything from the crowd in blue.
O!O has also just learned that the council meeting to approve the budget and the IDP will be held tomorrow morning.
The DA is expected to stay away and no quorum will be possible.
Bring in the clowns.
Ye gods and faeries and gnomes.
Drewan Baird. Oudtshoorn. 2 June 2013. 15h15. Big surprise! No reaction was received by the return time.
An application to have the decisions of Friday’s illegal gathering set aside will be heard in the Western Cape High Court tomorrow, Monday.
The deposit alone will cost each of the 17 councillors who orchestrated the meeting some R18,000.
Why not have done it right, DA!?
You had 5 ANC councillors. You could so easily have done it right!
Drewan Baird. Oudtshoorn. 1 June 2013. 22h55. Counsel for the Oudtshoorn Speaker, Johannes Stoffels issued this letter to Oudtshoorn councillors minutes ago:
Subject: OUDTSHOORN MUNICIPALITY // YOURSELVES
1. Cllr. P. Luiters (per email@example.com and firstname.lastname@example.org and email@example.com)
2. Cllr. H Botha (per firstname.lastname@example.org)
3. Cllr. H Ruiters (per email@example.com)
4. Cllr. J Harmse (per firstname.lastname@example.org)
5. Cllr. J Goliath (per email@example.com)
6. Cllr. W van der Westhuizen (per firstname.lastname@example.org and email@example.com and firstname.lastname@example.org)
7. Cllr. B van Wyk (per email@example.com)
8. Cllr. D de Jager (per firstname.lastname@example.org)
9. Cllr. J le Roux (per email@example.com)
10. Cllr. F Magxaka (per firstname.lastname@example.org)
11. Cllr. P Nel (per email@example.com)
12. Cllr. PL Roberts (per firstname.lastname@example.org and email@example.com)
13. Cllr. E Fortuin (per firstname.lastname@example.org)
14. Cllr. RR Wildschut (per email@example.com)
15. Cllr. DJ Fourie (per firstname.lastname@example.org)
16. Cllr. C Macpherson (per email@example.com)
17. Cllr. J Maxim (per firstname.lastname@example.org)
18. The Democratic Alliance (per email@example.com and firstname.lastname@example.org and email@example.com)
19. The Congress of the People (per firstname.lastname@example.org and Kock.email@example.com and firstname.lastname@example.org)
RE: Unlawful Gathering and Decisions of Oudtshoorn Municipal Councillors on 31 May 2013
We act on behalf of the Speaker of the Oudtshoorn Municipal Council (the “Council”), cllr. JNH Stoffels.
1. The purpose of this letter is to seek your urgent assurance that no steps will be taken pursuant to resolutions purportedly adopted at an unlawful gathering of councillors held after the Council meeting of Friday, 31 May 2013 was duly adjourned by the Speaker.
2. In the absence of such assurance by 14h00 on Sunday, 2 June, our client will have no alternative but to approach the Western High Court for urgent interdictory relief on Monday, 3 June.
3. We understand from a press statement issued by Mr Theuns Botha of the Democratic Alliance (the “DA”), “DA takes over Oudtshoorn” dated 31 May, that the following decisions were purportedly adopted at the unlawful gathering:
3.1. Motions of no confidence in the Speaker, Executive Mayor and Deputy Executive Mayor.
3.2. Cllrs. MacPherson, van Wyk and Magxaka were elected as Speaker, Executive Mayor and Deputy Executive Mayor, respectively.
3.3. “Several ANC municipal officials were … suspended pending disciplinary hearings”.
4. Moreover, according to an account published on Oudtshoorn Online on 31 May, one Corrie Greeff was purportedly appointed as municipal manager.
5. Please be advised that the aforesaid resolutions are unlawful and of no force and effect inasmuch as:
5.1. The gathering was unlawfully convened. This is so, because:
5.1.1. The Speaker duly adjourned the Council meeting, convened at 10h05 on 31 May.
5.1.2. The impugned meeting was improperly called.
5.1.3. No notice was given to the Speaker and those councillors who left the Council chamber upon adjournment of the Council meeting that the remaining councillors intended to continue with the business of the meeting. The remaining councillors’ failure to give such notice violated the other councillors’ constitutional right to participation in the business of Council.
5.2. The purported motions of no confidence in the Speaker, Executive Mayor and Deputy Executive Mayor were unlawful, inasmuch as no prior notice was given as mandated in terms of section 40, 53 and 55 of the Local Government: Municipal Structures Act (No. 117 of 1998) (the “Structures Act”).
5.3. The agenda for the Council meeting of 31 May did not include an item in respect of the appointment of Mr Greeff as municipal manager.
5.4. Similarly, the purported resolutions placing certain “ANC directors” on precautionary suspension are invalid. Moreover, it does not appear that the requirements of Regulation 6 of the Disciplinary Regulations for Senior Managers (GN 344 in GG 34213 of 21 April 2011), were complied with.
6. Our client has reason to believe that you will attempt to enforce these resolutions on Monday, 3 June and, in so doing, interfere with the proper administration of the Municipal Administration, as well as the statutory duties of the duly elected office bearers.
7. We trust that urgent court action can be avoided. However, to the extent you wish to persist with your course of action, our instructions are to seek a cost order, holding those councillors who participated in the unlawful meeting personally liable.
8. In the event you do not intend to give any such assurance, please be advised that we intend to serve the founding papers during the course of tomorrow via your respective email addresses. In the event you intend to instruct legal representatives, kindly let us have their details, in order for us to effect service tomorrow afternoon.
We urgently await your response herein.
2 Park Lane, Plettenberg Bay
DREWAN BAIRD COMMUNICATION – Sensaytional – 076 349 6316
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