The Western Cape Government – not the DA – is behind the illegal “take-over” of the Oudtshoorn Council!
The Foolish Five were paid R75,000 each!
Decision makers turn to O!O first for what’s really happening in Eden
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Drewan Baird. Oudtshoorn. 14 June 2013. 08h00. In an astounding development following on the May 31 antics by the DA and its Cope appendage, O!O has uncovered inculpatory emails between DA leaders plotting the demise of the elected Oudtshoorn government.
The Western Cape Minister of Local Government, Anton Bredell, was aware of the plot and even ordered the legal counsel to Premier Helen Zille, adv Koos Cilliers, to research legal strategy in subverting the Oudtshoorn Government.
The DA Head of Government Business, Theuns Botha, received Bredell’s advice and instructions and forwarded it to the Eden Executive Mayor, Wessie van der Westhuizen, who shared it with the DA Western Cape East Region Manager, Jaco Londt.
Not even the fact that the legal advice was ludicrously inadequate and consummately irrelevant can prevent the conclusion that senior Western Cape second sphere Government leaders plotted the overthrow of another legitimate government in the third sphere.
Here is the correspondence:
Date: Fri, 31 May 2013 09:27:52
Subject: Fw: Fwd: Magte van Speaker
From: Theuns Botha
Date: Fri, 31 May 2013 00:33:35
Subject: Fwd: Magte van Speaker
Vir jou aandag
Sent from my iPad
Begin forwarded message:
From: Anton Bredell
Date: 30 May 2013 1:18:10 PM SAST
To: “Theuns Botha (email@example.com)”
Subject: FW: Magte van Speaker
Onderstaande en aangeheg is wat Koos vir ons kon kry. Ek dink dit sal jou dalk help.
From: Koos Celliers
Sent: 30 May 2013 11:47
To: Anton Bredell
Subject: Magte van Speaker
Ek het ‘n paar sake opgespoor maar die Hoogste Hof van Appel se beslissing in Northern Free State District Municipality v VG Matshai is nasionaal gesgahebbend.
In die saak wou die Speaker nie ‘n mosie op die agenda oor haar moontlike ontslag aanhoor nie en het eers probeer om die bespreking oor die mosie uit te stel en toe dit teenkanting kry, beslis dat die raad verdaag.
Die Speaker het die raadsaal verlaat en die res van die lede het voortgegaan, onder die tussentydse voorsitterskap van die Munisipale bestuurder (aldus hul besondere reels) en die Speaker ontslaan. Die Speaker was suksesvol in die Vrystaatse Hoerhof wat haar gelyk gegee het dat sy die vergadering kon verdaag. Die Appelhof het nie saamgestem nie.
Op par  tot  verduidelik die Appelhof dat nog die Grondwet nog die Strukture (of ander wet) die Speaker se magte voorskryf – dus moet mens vir gesag gaan kyk na wat die gemene reg hieroor te se het. Die gevolgtrekking waartoe die Appelhof geraak is dat die Speaker nie daardie bevoegdheid het nie.
Ek glo nie dat Oudtshoorn se Reglement sulke magte aan die Speaker gee nie. As ek reg is moet die Appelhof se seining hieroor nagevolg word.
Die Appelhof het ook die reg van die meerderheid om met die vergadering voort te gaan bevestig – sien par . Oor wie moet voorsit (al is dit net vir die verkiesing van ‘n raadslid om aldus te ageer) is daar waarskynlik nie voorskrifte in Oudtshoorn se reglement nie. Mens sou m.i. dan kon steun op die sentimente uitgespreek deur Bozalek J in die Kaapse Hoerhofsaak: Overberg
District Municipality v Premier of the Western Cape waarna die Appelhof [The Premier of the Western Cape v Overberg District Municipality (801/2010)  ZASCA 23 (18 March 2011)] in par  verwys, te wete dat die Munisiaple Bestuurder die taak kan verrig.
Ek vertrou dit help.
Beide Appelhofuitsprake is aangeheg.
The matter is rather more serious than at first sight.
Note that Celliers does not address the “Secretary of the Western Cape DA”, but the “Minister”.
This is not a DA plot. This is a Western Cape Government plot to overthrow the Government of Oudtshoorn.
One can hardly overstate the impact of this fact.
A Constitutional expert told O!O yesterday afternoon that “Bredell will have to resign. Period.”
“This is an eggregious failure in Bredell’s Constitutional duty”, came the reply.
The emails make the entire coup clear…
On May 10 already, Bredell threatened Administration when he accused the municipality of not fulfilling council resolutions relating to the severance packages of senior managers and not cooperating with the SAPD in its investifations of matters relating to the SIU investigation that was completed in February 2012.
The Executive mayor, Gordon April, issued a media release on Thursday morning stating that the delay, for whatever reasons, or by whomever, in the publication of the Special Investigation Unit Report on Oudtshoorn is compromising the municipality’s ability to address past malfeasance.
The President promulgated the SIU investigation on February 4, 2011 and an interim report was presented to me on July 18, 2011 before the investigation was completed in February 2012.
April says that It is with grave concern that he has recently learned that the delay in publication may very well result in the unfortunate situation where certain offences may prescribe before the municipality can institute civil proceedings to recover ratepayer money, if indeed such action is demanded.
The Municipality has implored the Western Cape Minister of Local Government, Environmental Affairs and Development Planning; the Directorate: Specialised Support, Department of Local Government Western Cape Government; the Senior Forensic Lawyer charged with the Oudtshoorn investigation; a forensic investigative consultant on the Oudtshoorn investigation; and the Investigative Officer of the DPCI: Commercial Crime assigned to cases resulting from the Oudtshoorn investigation for information and data that may assist the municipality in addressing the alleged serious infracts found by the investigation.
It is abundantly clear, says April, even before the delayed publication of the report, that the offences identified occurred during the term of the last Municipal Manager appointed by the Democratic Alliance / Independent Democrat coalition government.
It is therefore with a sense of growing suspicion, continues April, that he had received the Minister’s admonition, on May 10, that “it is quite apparent that Oudtshoorn Municipality is failing in its executive obligations… to deal with serious governance challenges.”
This while the Senior Forensic Lawyer charged with the Oudtshoorn investigation cautioned that “regulations promulgated ito the SIU Act determine that all information relating to SIU investigations remain confidential” and by implication that the publication of the final report must not be preempted.
The Minister even stooped to threats of “dissolving the Municipal Council in accordance with Section 139(1)(c) of the Constitution and to appoint an Administrator”.
And yet a senior functionary of the Western Cape Ministery of Local Govenment, on May 24, wrote the Municipality that he had taken notice “of the efforts of the municipality to obtain / act on the SIU Report.”
This functionary added, “In the past efforts to obtain the final report for Oudtshoorn and two other municipalities were unsuccessful… the reports have now moved from the SIU nationally to the presidency and I shall see what province can do”.
The Municipality is on record that it is important that officials, councillors, or suppliers found to be involved in any illegal activities be removed from the system so that evidence can not be manipulated. The Municipality has done everything in its power to date to obtain such critical information.
April claims that he has instructed the Acting Municipal Manager to leave no stone unturned in procuring the final SIU Report and to move expeditiously to address each and every finding and to ensure that every office bearer and senior official answers to the call to fight corruption, and to prevent and recover losses, in the continued hands-on management of serious governance challenges.
In his May 10 letter Bredell also refers to planning applications; the Cango Caves; and the appointment of the previous Municipal Manager as reasons to place Oudtshoorn under Administration.
Thursday’s Hoorn also quoted Bredell’s intention to intervene by having Oudtshoorn’s administration managed by two Cogta and two Western Cape officials – a rogue joint venture by Bredell and National Cogta Minister Baloyi, ala Swellendam last year.
It is abundently clear that Bredell is victimising Oudtshoorn to the extend that Oudtshoorn can not even risk the Minister’s approval of the budget if the DA persists in frustrating efforts to approve the budget before the July 1 deadline. Clearly the Western Cape Minister of Local Government can not be trusted to make objective decisions on Oudtshoorn if he is involved with what is a classical definition of sedition – illegal action inciting resistance to lawful authority and tending to cause the disruption or overthrow of a government.
April already informed Bredell on June 11 of the illegal actions of 17 councillors on May 31 frustrating efforts to have a budget approved, and aslo about his best efforts to comply with the legal prescriptions to approve the budget before July 1.
Various strained political relationships over the last few days indicate without any doubt that Bredell, in concert with Baloyi, probably influenced by the ANC Western Cape Leader Marius Fransman, is fixing to intervene in Oudtshoorn.
O!O has called for intervention many times and Bredell never had the guts. He is a weak Minister of whom Noseweek Editor Martin Weltz said “A former small time mayor… Bredell simply adds to the perception that the DA in these parts has become… the sort of grouping that only survives in this brain-drained land because the other lot is every bit as useless.“ (Noseweek No 134, December 2010.)
It is expected that an opportunistic attempt at intevention will meet with considerable resistance in the Oudtshoorn Municipality. It will be a showdown to behold.
One is forced to consider whether the Western Cape Government can be trusted at all while the likes of Bredell and Botha are around.
Bredell is clearly in breach of s105 of the Systems Act, which calls for an MEC to promote mechanisms, processes and procedures to assist local governments to manage their own affairs.
This in addition to the Constitutional failure.
One of the founding members of The Justice and Equality Front, Me Mary-Anne Mngomezulu, told O!O that this matter will finaly force JEF to formally approach the President to convene a Commission of Enquiry into sedition charges against three Western Cape Ministers relating to the 2007 Bitou violence.
JEF is expected to issue a statement to this effect later today.
In yet another turn, Hendrik Ruiters, one of the Foolish Five, told a senior municipal functionary some 10 days before the May 31 coup that the DA made him an offer of R75,000 – seventy five thousand rand! – to travel to Damascus.
Jeremy Goliath, another of the Foolish Five, told his spiritual advisor of the R75,000 compensation offer.
One could be excused for thinking that the people of the Western Cape should be protected against the DA Government – that perhaps the National Government should intervene and place the Western Cape Provincial Government under Administration!
And then there’s the Eden connection… More later.
Let the games begin!
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