Broken City: Oudtshoorn goes nuclear

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!
Chequebook politics!

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:

From: vernatt007@gmail.com
Date: Fri, 31 May 2013 09:27:52
To:
Reply-To: vernatt007@gmail.com
Subject: Fw: Fwd: Magte van Speaker

—–Original Message—–
From: Theuns Botha
Date: Fri, 31 May 2013 00:33:35
To: vernatt007@gmail.com
Subject: Fwd: Magte van Speaker

Vir jou aandag

Theuns

Sent from my iPad

Begin forwarded message:

From: Anton Bredell
Date: 30 May 2013 1:18:10 PM SAST
To: “Theuns Botha (tlb50@yahoo.com)”
Subject: FW: Magte van Speaker

Theuns

Onderstaande en aangeheg is wat Koos vir ons kon kry. Ek dink dit sal jou dalk help.

Anton

From: Koos Celliers
Sent: 30 May 2013 11:47
To: Anton Bredell
Subject: Magte van Speaker

Minister

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 [19] tot [24] 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 [16]. 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) [2011] ZASCA 23 (18 March 2011)] in par [10] verwys, te wete dat die Munisiaple Bestuurder die taak kan verrig.

Ek vertrou dit help.

Beide Appelhofuitsprake is aangeheg.

Groetnis

Koos

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.”

What!?

“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.

Yeah right.

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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DREWAN BAIRD COMMUNICATIONSensaytional – 076 349 6316
Making sure they see it your way
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21 thoughts on “Broken City: Oudtshoorn goes nuclear

  1. @Mary-Anne. Jy het werklik die wind uit my seile geslaan. Ek het nie woorde nie, net totale verbasing en bewondering. Wat’s jou antwoord Ed, gaan ons so ‘n aparte kolom kry vir die doel soos voorgestel? En jy Mnr. Brummer/Pletty beter jou kant bring!!!

  2. Wow! This discussion degenerated somewhat since my last visit. Good people I’ve had it up to here (above my eyebrows), any fool can whine, and most do. I’m begging all of you to set aside our differences for just one day and come together on this blog to discuss a way forward for the people of Oudtshoorn. Let us ask the Editor to create a blog inviting everyone to share their dream of a perfect Oudtshoorn and a way to get it there. I feel we can sit and anonymously crit, praise something we didn’t create or create our time for the greater good of Oudtshoorn…what if we can come up with a memorandum for whoever gets to run council after the by elections….in this way we would’ve been proactive and start creating a spirit of enough…..based on our clear expectations and demands. I beg all of you to just try it for one day. And if Pletty is indeed John Brummer i will live what i preach and extend an extra warm hand to him and ask that he outlines the basic obligations of local government

  3. What se jy willempie, hoe lank is hierdie nou an die gang, hoeveel mense dink jy is nou gatvol. Municipalitiete ly aan swak gebestuur, is dit nie n feit nie. Nou what gebeur nou. Gaan die politicians die masters of our destiny wees? Wie betaal vir die by-election en alles wat voorloop tot dis,hoekom is dit noodig? Ja ek weet, die B&B gaan lekker profit omdat daardie travelling politician, hy betaal moes goet. Maar is dit n goed genoeg reeder? Miskien gaan hulle met n groot visie and workable plan op die tafel nee sit, maar hoekom so laat.

  4. Is dit nie snaaks hoe mense tog so onwillig is om toe te laat dat die feite en realiteite van die saak hulle lei nie, veral wanner die feite en realiteit nie hulle persoonlike agenda pas nie.

    Dit is maar hoe die ou mensdom is. Wanneer ons nie like wat ons lees nie, en nie antwoorde het wat ons agenda pas nie, dan val ons die teenkant persoonlik aan, maak allerhande aannames en versinsels. Net omdat ons standpunt nie in die koue lig van die werklikheid en feite verdedigbaar is nie, skiet ons die boodskapper.

    “The Foolish Five were paid R75 000 each.” Dit word as ‘n feit gestel op die grondslag van niks anders as hoorse.

    Om van sedisie te berig, wanneer die feite duidelik die teendeel bewys is om die leser te inteligensie in twyfel te trek.

    Ek stem saam, dit breek die geloofwaardigheid van O!O heeltemal af in die oe van die denkende leser.

    Dit is teleurstellend want O!O is nie ‘n smeerblad soos die Son en soveel ander blogs wat wilde ongegronde aantygings maak nie.

  5. @Pletty – It’s sad that the name “Pletty” carries more credibilty than “Johan Brummer” these days. I agree with KP. You are missing the point that Govermental structures are used to undermine and overthrow a legitimate municipal council. Is Koos employed and paid by the DA Mr Brummer? What’s the MEC’s constitutional duties towards municipalities? Please enlighten us on these points and forget for the moment about whether it is sedition or not please.

  6. @ pletty, sorry bru but you sound like a lawyer…There are many things that can be assumed and things that can be misleading. There are things that are know and there are things that are unknown. There are things that have being witnessed and there are out right lies…….what ever way it is, the town suffers.

    There is too much role playing and outside interest dictating terms in Oudsthoorn (full stop)

  7. @Pletty: Haai ou Brommer, na alles wat hulle aan jou dedoen het bly jy nog steeds lojaal. Goeie comment hierdie maar ongelukkig sit jy weereens, soos altyd die pot mis net daar wat dit saak maak. Hoe vorder jou en jou “previously disadvantaged” Amerikaanse vrou se planne om Amerika toe te trek? Ek hoop sommer baie flinks.

  8. Pletty

    Thank you for the crit; much appreciated!

    Of course I am convinced that the DA will NEVER buy support and that the DA will NEVER cadre deploy – James Selfe told me so personally in writing.

    I am merely reporting what Hendrik Ruiters and Jeremy Goliath told reputable people – that they were paid R75k to travel to Damascus with a short lightning detour.

    And seeing as Ruiters and Goliath are unquestionably moral and ethical – they have accepted the principles of the DA, no less, while abandoning the ANC! – I have no choice in taking them at their words.

    What a conundrum!

  9. O!O, of necessity this is going to be long and unnice. I am going to write it slowly to ensure I do not outrun your faculties as you have clearly been mesmerized by your sources and have unquestioningly and without thought regurgitated the nonsense they fed you.

    You have entirely missed / misinterpreted the facts and evidence in an apparent need to attribute criminality where there simply is none. This detracts the attention from what is unfolding before us and does your readers a disservice.

    Firstly let us take a closer look at the alleged criminality, the so-called “sedition.”

    What exactly is sedition?

    Sedition in this context is a criminal offence and therefore we must first look to the law and legal profession in order to understand it.

    In May 2011, Adv AF Schmidt advised Hardy Mills as follows:

    4.1 Die misdryf van SEDISIE is ‘n misdryf teen die staat wat val min of meer tussen die misdaad van hoogverraad in sy meer ekstreme vorm en die misdaad van openbare geweld in sy minder ernstige formaat.

    4.2 Die misdryf van SEDISIE word soos volg omskryf:

    “Iemand pleeg SEDISIE indien hy wederregtelik en opsetlik
    (a) deelneem aan ‘n toeloop van mense wat die uitdaging van, of weerstand bied teen die gesag van die Republiek, ten doel het, of
    (b) so ‘n toeloop veroorsaak.”

    [Snyman Strafreg 4de Uitgawe bladsy 321]

    And for those of us who are not Afrikaans speaking:

    The Pharos Afrikaans-English Dictionary holds as follows:

    Toeloop – “throng, crowd…”

    Hoogverraad – “High-Treason.”

    Openbare geweld – “public violence”

    That then on very good authority is how “The Law” sees sedition.

    You are not a lawyer but rather a linguist, so to give you the benefit of the doubt, let us also take a look at how an ordinary dictionary in general use defines sedition.

    The South African Concise Dictionary holds as follows:

    Sedition – “conduct or speech inciting rebellion against the authority of a state or monarch.”

    Rebellion – “1. armed resistance to an established government or ruler. 2. defiance of authority or control.”

    High Treason – “the crime of betraying one’s country, especially by attempting to kill or overthrow the sovereign or monarch.”

    The golden thread that runs through both the legal and literary sense is that of crowd involvement, a degree of violence, arms, defiance of the state or monarch’s authority or inciting others to do these things.

    Now, you will have to read the transcript of the Oudtshoorn council meeting.

    Right!

    Nowhere in that transcript will you find any of the elements of sedition being applied or propagated. Nobody calls on the public to take up arms against the council or the state. Nobody even suggests that as a possible avenue. Nobody even suggests a toyi-toyi and/or some tyre-burning diversions. No crowd involvement, but for the poor misguided soul who was unceremoniously ejected for talking out of turn. Nobody tried to kill or even suggested that the Speaker be harmed or killed in any way.

    All in all it was quite a restful engagement, a farce actually, where even the personal insults were tempered.

    Sedition? I think not.

    There was however clearly an attempt to wrest political control of the Oudtshoorn Municipality from the incumbent ANC.

    Reportedly this was done by inducing the Foolish Five to abandon the ANC, thereby giving the DA grouping a majority (for the moment) in council. An attempt was then made to remove the ANC office bearers on council by means of the democratic process of votes of no confidence against them. Leaving aside the obvious flaws in the manner in which it was sought to achieve this ill-conceived manoeuvre; bringing about the change of control of government by means of majority vote when a shift in numbers occurs is normal and acceptable democratic practice. In fact, it lies at the heart of democracy. It is not SEDITION, it is DEMOCRACY.

    Now, we must pause so you can read the Bredell/Botha/Cilliers “seditious” exchange of e-mails again.

    I proceed on the basis that, having read the e-mails you too have come to the unavoidable conclusion that there is nothing of a seditious nature contained in this exchange of e-mails.

    In your article you state that this exchange of e-mails somehow equates to a plot to OVERTHROW the Oudtshoorn government.

    “This is a Western Cape Government plot to overthrow the Government of Oudtshoorn.” You say.

    Lets reach for the dictionary again.

    Overthrow – “1 remove forcibly from power. 2 put an end to through force.”

    Assuming that what has been reported and what happened in the Oudtshoorn Council, it appears that Botha was orchestrating the take over manoeuvre. He apparently turned to Bredell for advice who obtained “advice” from the legal man, Cilliers. (I put “advice” in parenthesis because what we see in his reply is not advice in the legal sense.)

    Judging by the date and time stamps on these communications it would appear that taking power through votes of no confidence was plan A, and Plan B; to pave the way for Province to place the council under administration for failing to pass its budget by 1 July.

    It is clear from what Cilliers wrote that he did not have all the relevant information at his disposal and left it up to the recipients to read the two decided cases and be guided accordingly.

    Very, very clearly the Oudtshoorn Brains Trust did not bother to read and/or consider the implications of the judgements but instead charged into the fray with an ill-conceived strategy apparently hatched before Cilliers’ “advice” and certainly not informed by his guidance.

    Leaving aside for a moment the lawfulness or unlawfulness of what took place in the council on that day, and focussing on the role of Botha, Bredell and Cilliers, there is clearly no mention, or suggestion even, that force be used to overthrow the council.

    Cilliers is, I believe, an advisor in Helen Zille’s office. He is a qualified advocate and I do not believe that there is anything sinister or untoward in Bredell turning to him for advice on a matter of this nature.

    Botha, is de facto, leader of the DA in the Western Cape and one should not be surprised that he is involved in behind the scenes plotting and manoeuvring to advance the interests of the DA.

    Bredell, as is to be expected, really does nothing but act as a post-box between Cilliers and Botha.

    One has to stray very far from the facts, and make some very far fetched and illogical assumptions to arrive at the conclusion that there is a plot to overthrow the Oudtshoorn Council and that there is sedition afoot.

    A little like pointing to the Easter eggs in the garden and concluding that the Easter Bunny really does exist and therefore also Big Ears and Noddy. No thought needed just blind trusting faith in a line of bullshit.

    And then we get to the R75k. compensation offers. That coming from whence it does is nothing but gossip and is of no consequence.

    If you can come up with solid proof of that, then you will have a story, not a fairy tale of sedition and governments being overthrown, but a solid story of CORRUPTION.

  10. @ Andrew…..the Public Protector is their to serve the public, its not called the Political Party Complaints Department. Now that we are getting to know our DA would it be accurate to say that the DA have being abusing the Public Protector to forward their own agenda ??

  11. aagg nee pekelsout dis nie “al die evidence op die tabel” nie, dit is “investigative journalism” op sy beste. Bring die dorp onder administrasie dan kan ons lekker rond krap….but what will that help, lets just get the municipality working for us.

  12. OO ek het altyd geglo dat jy n arsenaal vol onwettige wapens ( ek bedoel inliging) iewers wegsteek vir latere gebruik. Wat my egter stomslaan is dat nadat jy die skrywe van die DA ontvang het dat hulle jou hof toe sal sleep oor die uitlatings i.t.v aanstelling sage van die roekelosige 5, Goliath et al, gooi jy sommer al die “evidence” op die tafel.

    My versoek is dat jy nie net dit doen wanneer dit voorkom asof jy in skaak is nie maar sulke blouwarm inligting moet meermal die lig sien. Ek weet dat jy somtyds (wapens) terughou voordat jy skiet, maar wat my bekommer is dat hierdie publikasie baie impulsief en emosioneel afsluit.

    As die ANC ons as n gemeenskap faal, publiseer dit.
    As die DA ons as n gemeenskap faal, publiseer dit.
    As enige amptenaar die gemeenskap faal, publiseer dit.

  13. OO, what both the ANC and DA are doing is described very well in a book by John Perkins, Confessions of an Economic Hitman – the shocking inside story of how America really took over the world. ISBN 9780091909109 / 2005

    Yip, a story of how politicians are trying to take over the simple voters in South Africa, ABSOLUTE SHOCKING !!

    CONFUSED, I CONCUR, PUT THEM ALL IN JAIL. Let the Public Protector use the Oudshoorn Debacle as a Test Case for all to behold and BEWARE !!!!

  14. The DA is using public funds to fight party political battles. Thats what it is and is a matter for the Public Protector to investigate. Why is the ANC not lifting its collective arses and request the Public Protector to investigate this abuse of power by the DA and its functionaries? The DA is dragging the ANC to the Public Protector on a dialy basis.Mense wat gaan met die drommels aan?

  15. Being a bear of little brain I am, as usual, confused. Over the past months the mantra on O!O has been:
    Bredell is weak. Bredell is not willing to intervene in Oudtshoorn, Bredell is useless – followed closely by a second chorus which repeatedly blasted poor April for being of inferior education and not able to lead a town –
    Now Bredell has acted – within the law or outside it I’m not sure – ( being of little brain and all that…) to oust April and several others.
    The Mantra concerning him is unchanged however on 0!0 – “he is useless” but the Mantra concerning April and his cronies has radically changed – he is now a hero appealing for the SIU report to be made public. I have to ask why the sudden change – has April suddenly reformed or has he seen or been shown a back door to cling to power. I remain confused regarding political shennanigans but of one thing I am certain – he who pays the bucks rules the roost.

  16. I am also of the view that a charge must be laid with the SAPS regarding the bribery of the former ANC councillors. Dit laat my dink aan die beweerde omkopery van Ewerts deur 3 DA raadslede. Hulle doen dit al jare en hulle sal dit doen tot een van hulle agter tralies sit.

  17. Bredell must simply resign and Frans man must be release from his duties post haste. Theuns should not be in government and Jac Bekker must be investigated by parliament for his involvement in this whole saga. If the National Minister can just act in accordance with the relevant legislation and by-pass Bredell in placing the municipality under administration. Wessie you can run but can’t hide!

  18. Shocking! Absolutely flippen shocking! There is truth in the saying, “power corrupts, absolute power corrupts absolutely”! There is NO difference between Malema and the DA functionaries coercing political thuggery in the Western Cape! Imagine how many hungry children could have been fed with the R425 000 and the onsuing legal costs, and …….. what was achieved? Only more wasteful and fruitless expenditure and interruption in the administration of Oudtshoorn!

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