Ye gods and faeries, grab a hold of the facts if you please!
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Drewan Baird. Oudtshoorn. 24 November 2013. 18h45. O!O has learnt that a major Cape daily will tomorrow quote an Oudtshoorn DA functionary that council on Friday resolved to “not table the motions of no confidence”, and not the correct fact that council voted the motions down.
If this is in fact what the DA says, the DA has now added bare faced lying to its portfolio of outlawry, which already includes that fraudulent Nel v. Oudtshoorn “settlement”.
Not only has the DA tried to fob off the legal cost that councillor Pierre Nel is court ordered to pay, to ratepayers, but the DA is also clearly fixing, as His Lordship André le Grange feared on September 10 (see below), to fob off the Le Grange cost order too! Oudtshoorn’s ratepayers will have to foot quite a few millions for the DA’s little legal adventures.
Yet the “main stream” media hollers only about the Stoffels cost orders, which are now appealed. This while the DA’s liabilities have not survived appeal (the Nel “settlement”) and are not appealed (the Le Grange order).
But incredibly, there are ratepayers who still want the DA to govern Oudtshoorn.
There are two DA support cadres: The Eastern Oudtshoorn cadre clamoring for contracts; and Western cadre not wanting the brown and blacks in power.
It’s not a race issue on the Western front?
Why then is the DA caucus split down the colour line? To the extent that separate caucuses are known to be held! Reports of this unconscionable situation are rife even in the halls of political power in Cape Town.
I have observed the recent spate of demonstrations on Verwoerd Sq: Not a white face within a country mile. The Western master cadre remains in its offices while the Eastern cadre are fronted on the streets.
It is time to face up to the painful facts. Not all of Oudtshoorn’s residents, despite their pursy screechings for “democracy”, have arrived in 2013.
The DA attempts to defraud the ratepayers; and the DA lies to the ratepayers… and yet the ratepayers, or, rather, a few of them, want a DA government so badly that they are openly threatening violence in order to bring the Dishonorable Alliance to power!
These threats of violence, and the source of the threats, will soon be revealed in court.
The DA is screaming blue murder about the Oudtshoorn ANC coalition’s so-called “undemocratic” behaviour. But the DA says nothing about the outrageous actions of the party in Springbok – Nama Khoi – where the ANC won a majority in May already and are prevented by the virginal DA from taking power…
And, what about the democratic right of Oudtshoorn ward 2 voters who have a right to return to the ballot box to confirm whether or not they want the beneficiary of the “settlement”, Pierre Nel, to continue to be their representative?
Come to think about it… All elected DA councillors should be sent back to test their support after the outrageous actions since May 31.
Why are some Oudtshoorn ratepayers tolerating the DA; rallying behind the DA?
The mind boggles.
Drewan Baird. Oudtshoorn. 23 November 2013. 18h00. If what is generally quetched, in what is dubiously acknowledged as the “main stream media”, on “democracy in Oudtshoorn”, can, by some despairing stretch of the imagination be called reporting, it is at best irresponsible, at worst mendacious, probably merely rank soi disant consumerism, but certainly ipso facto nonsense.
I am, of course, not even considering to acknowledge the codswallop on the streets and in social media, where the uninformed and the biased and the ignorant arouse all to orgasmic equivocation.
Here are the simple, indisputable facts.
1. On May 31 the DA attempted an illegal takeover of the Oudtshoorn council.
2. The very next day, Saturday, June 1, the Speaker wrote the DA to avoid court action and to negotiate a solution. The offer was rejected. As were several subsequent like offers to negotiate.
3. On Monday, June 3, the Speaker filed papers in the Western Cape High Court (WCHC).
4. During the first week of June it emerged that the DA offered the five ANC councillors who joined the illegal DA gathering of May 31 financial reward for their crossing.
5. On June 25 the original, pre May 31, 11 DA councillors and the Cope councillor entered into an impugned deed of settlement in the matter Pierre Nel v. Oudtshoorn Municipality, to have the ratepayers of Oudtshoorn pay the legal cost in the DA driven High Court bid to have the then Municipal Manager, Noël Pietersen, removed. The WCHC, twice, and the Supreme Court of Appeal, once, ordered costs against Nel.
6. On August 7 the DA won ward 13 in a by-election and claimed a majority for the DA/Cope Coalition.
7. On August 28 His Lordship Owen Rogers issued an Order by agreement that a council meeting be held on September 4, to consider motions of no confidence in the Speaker, the Executive Mayor, and the Executive Deputy Mayor, after the Oudtshoorn Speaker, Alderman John Stoffels, refused the DA’s demand, on August 13, for a council meeting ito s29 of the relevant act, as Rule 30(2)(b) of the Oudtshoorn Council’s Rules of Order states, inter alia, that no discussion shall be permitted on any matter in respect of which a decision by a judicial or quasi-judicial body or a commission of inquiry is pending.
8. On September 3 the Speaker took ill and was rushed to hospital after suffering a suspected heart attack. The September 4 council meeting was thus cancelled.
9. On September 10 His Lordship André le Grange ordered the May 31 DA gathering and all subsequent decisions by this rogue group illegal, and ordered costs against the DA and Cope councillors and against the DA.
Le Grange was concerned about the DA settling also his cost order and burdening the Oudtshoorn ratepayers as the DA councillors attempted in the Nel settlement. He was assured and satisfied by the speaker’s counsel that such an outrage would be taken on review.
10. Also on September 10 Bredell vested himself with the machinery of state and filed a Notice of Application for Variation in terms of Rule 42(1)(b) that a Special Council Meeting be scheduled for September 16, eventually for September 20 by agreement between the parties, to consider Motions of No Confidence (Motions) in the Speaker, the Mayor, and the Deputy Mayor, after a similar meeting ordered by Rogers J for September 4 refused to consider the Motions as the Speaker ruled the motions sub judice and not fit for consideration by the Oudtshoorn Rules of Order.
11. On September 13 His Lordship Robert Henney varied the Rogers Order and ruled a meeting be held on September 20 to consider the motions of no confidence.
12. On September 20 the council, properly constituted and quorate, resolved to suspend the voting rights of DA councillors Pierre Nel, the beneficiary of the illegal settlement, and Ben van Wyk, arrogating as mayor in signing the settlement on behalf of the municipality to relieve Nel of the debt and land the expense in the patient lap of the ratepayers.
13. On September 30, the Western Cape minister of local government filed a Notice of Motion to have the council meeting of September 20 continue under the chairmanship of someone other than the speaker.
14. On November 12 His Lordship Ashton Schippers found that the Western Cape minister of local government had no locus standi to have brought the application, but ruled the suspension of the voting rights of Nel and Van Wyk illegal.
15. On November 22 the Speaker appealed the Schippers judgment.
16. Also on November 22 council rejected motions of no confidence in the Speaker, mayor, and deputy mayor.
17. Also on November 22 the parties agreed to argue the speaker’s leave to appeal before Schippers J on Wednesday, November 27.
The DA does not govern Oudtshoorn, its alleged majority in coalition with Cope nonetheless, for one reason only: Illegal acts on May 31 and June 25. All else is conjecture.
Democracy, in this dear Rule of Law Constitutional Democracy we lovingly call South Africa, is quite alive and well, thank you very much.
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