Criminal and civil action threatened in consequence of the Nel v. Oudtshoorn “settlement”
Decision makers turn to O!O first for what’s really happening in Eden
… You’re reading, aren’t you!?
Advertise on O!O – click here for details
Drewan Baird. Oudtshoorn. 2 July 2013. 16h45. Counsel for the Executive Mayor of the Greater Oudtshoorn, Hardy Mills, this afternoon threatened severe legal action against Helen Zille, Nic Barrow, the DA Leadership and all Oudtshoorn DA Councillors.
Here is Mills’s letter:
THE DEMOCRATIC ALLIANCE (THE “DA”)
FOR URGENT ATTENTION AND RESPONSE
ALLEDGED SETTLEMENT BETWEEN PIERRE ANDRE NEL AND OUDTSHOORN MUNICIPALITY
I act on behalf of the Oudtshoorn Municipality herein and write this letter on their instructions.
On 1 July 2013 I furnished the Premier of the Western Cape with the following documentation and required an answer whether there is any truth in the allegation that a settlement was reached as alleged in the correspondence from attorney Nic Barrow.
– Report: The failed coup of May 31, 2013.
– Letter from Nic Barrow attorney dated 27 June 2013 regarding the PA NEL v OUDTSHOORN MUNICIPALITY matter.
My client, as well as the Cape Town attorneys who were on record on behalf of my client at the time, carries no knowledge of such a settlement and vehemently deny the existence of any such settlement.
The Registrar of The Constitutional Court also confirmed this week that according to their records, there is no such matter as alleged in the letter from Barrow.
Barrow states that he concluded the agreement with the “majority” of the councillors, being the twelve DA and one Cope councillor.
The Premier responded to my client’s request by declining to answer, indicating that it would be inappropriate for her to deal, in her capacity as Premier, with issues that are of a party political nature and reserved her right to so in the appropriate capacity, if necessary and in due course.
I hereby demand on behalf of my client, that you either admit or deny, in writing, that the DA councillors were party to the “settlement” agreement as alleged, before 19h00 today, 2 July 2013, failure by which my client will accept that the allegation made by Barrow is correct, and that the DA was indeed party thereto.
Upon failure to respond, or receipt of an admission to the above, my client will proceed with the following actions without any further notice:
1. Approach the High Court on an urgent basis to have the settlement declared null and void, with a prayer for an appropriate punitive costs award.
2. Institute criminal proceedings in terms of Section 173 of the Municipal Financial Management Act (MFMA) for the contravention of various sections contained in the Act.
3. Institute criminal proceedings in terms of The Prevention and Combating of Corrupt Activities Act 12 of 2004.
4. Institute criminal proceedings for fraud in terms of the Common Law.
5. Any other appropriate relief required.
The aforementioned actions will be taken against the following persons and entities:
1. The Democratic Alliance (the DA);
2. The DA Leader National;
3. The DA Leader Provincial;
4. The DA Leader Regional;
5. All current Oudtshoorn DA councilors;
6. Attorney Nic Barrow.
Your URGENT response is awaited in anticipation.
O!O TOLD you all the Premier has got problems…
DREWAN BAIRD COMMUNICATION – Sensaytional – 076 349 6316
Making sure they see it your way