The Western Cape Director of Public Prosecutions decided this week that prosecution in the infamous Plettenberg Bay Sedition case will not be instituted due to the following reasons:
- The allegations are vague.
- There’s no substantive evidence.
- Do not meet the description of the alleged offences (sedition and public violence).
- There is not a reasonable prospect of a successful prosecution.
According to our law Sedition is committed when a number of people gather together with the intention of defying, challenging, subverting or assailing the authority of the state. All that is required is the intention to defy or subvert the authority of the state in some way. The prosecution must prove that an accused intended defiance or subversion and that this intention was shared by others.
Public violence consists of the unlawful and intentional commission, together with a number of people, of an act/s which assume serious dimensions and which are intended forcibly to disturb public peace and tranquillity or to invade the rights of others.
The sworn affidavits submitted by two formers leaders of the group who intended making Bitou ungovernable contained inter alia the following information:
- This campaign commenced with protest marches under the banner of SANCO.
- Part of this campaign consisted furthermore in the unlawful and organised invasion of Council land.
- These invasions were repelled by Court orders obtained by the Council in the Eastern Circuit Local Division of the High Court of South Africa.
- When the unlawful land invasion was stopped this was succeeded by again orchestrated and organised stoning of Councillors, Council property and Council personnel.
- Support for these unlawful activities have been drummed up by the organisers on the strength of false and malicious rumours being spread in the community accusing the Council of a lack of service delivery and the councillors of ineptitude and corruption.
- Since May 2007 the unlawful acts, however, became far more serious and ominous.
- Various prominent members of the ANC houses was burned down.
- Lulama Mvimbi was attacked and his car was stoned.
- Various cars and assets were damaged or destroyed.
- Brummer was a councilor as well as Memory Booysen and they were at risk and were not to be seen with us.
- Brummer and Booysen was the link between us and the other sections.
- The aim was through disrupted campaigns and civil unrest to make the town ungovernable.
- Brummer was running the administration of the campaign with me. I used to write letters in his house and send emails from his computer.
- Memory was organising the funding for these groups with Brummer and they were all times fully aware and part of all the strategies of civil unrest in order to make the town ungovernable.
The NPA, before reaching the decision not to prosecute, declined to accept documentary proof of all the funders of this campaign from the investigating officer. Instead, he was relieved from the investigation and ordered to hand in the docket.
The NPA also declined to receive any further submissions or take any further affidavits from witnesses about the actions.
They also decided not to transfer the matter to the specialized branch within the NPA who deals exclusively with sedition and similar types of crimes.
The DA is not going to investigate the matter internally and no Commission of Inquiry is considered by the Western Cape Government.
The end result is that the public will never know what really happened during that dark and heartbreaking time of our town’s history.
The NPA’s mission and vision according to their website is: Justice in our society, so that people can live in freedom and security. Guided by the Constitution, we in the National Prosecuting Authority ensure justice for the victims of crime by prosecuting without fear, favour and prejudice and by working with our partners and the public to solve and prevent crime.












The State of the ANC in Southern Cape/Klein Karoo
Filed under Public Commentary by JEF on 20/03/2013 at 7:52 PM {6 comments}The history of the ANC is engraved in the lives of millions of people in this country and beyond its borders. I have great regard and admiration for all those comrades, known and unknown, who have sacrificed their lives, careers and families to fight for the freedoms we are currently enjoying in the country.
We have come a long way since the establishment of the African National Congress by those noble founding fathers who had the vision to establish a non-racial and democratic South Africa. I am mindful of the fact that after the first democratic elections in 1994, the circumstances in which the movement is operating have changed and that the ANC is now the governing party with a clear mandate after four national elections and can dramatically change the lives of all our people. Democracy brought with it its own challenges and many of our comrades saw and still see the new order as an opportunity to advance themselves, which is of course not a wrong thing in itself, but in many instances it is at the expense of the people they are supposed to serve.
In this piece I am not going to reflect on the national discourse but want to zoom-in in the regional situation.
Between the 1994 general elections and the 2009 elections the South Cape/Klein Karoo region was one of strongest regions in the Western Cape. The REC was well organised with a secretary, who was regarded as the engine of the organisation, playing an important role in keeping the organisation together and empowering councillors at the various municipalities. The REC played a pivotal role in how councillors conducted themselves as representatives of the people. We had, for example, fully functional branches with clear programmes of action in all the different towns. There were of course exceptions and problem areas in every town, but the movement was operating in a very coherent manner. Councillors were exercising their responsibilities through clear mandates from their different branches. Those were days of branch member meetings, branch executive meetings, monthly public meetings, mandatory forum meetings and proper caucus meetings. It is very difficult these days to establish where our councillors are getting their mandates from to speak on our behalf at council meetings.
It is very disturbing to find that branch meetings are only called when new leadership must be elected or when delegates must be nominated to attend national, provincial and regional conferences. There are no political discussions in our branch meetings. There are no planned actions which set out the road map for every branch in a particular area. These deficiencies create the opportunity for comrades to sow divisions and cause the breakdown of the effective functioning of the branch. We have seen in the last couple of years that the opposition is slowly but surely moving into our strongholds because of the divisions and non-functioning of our branches. Branches must be relevant in the different wards where they are supposed to be operating but there is currently no leadership that can guide them to perform optimally.
In the municipalities where we are in the opposition we are struggling to expose the corrupt practices of the Democratic Alliance. We are simply unable to use the media, and section 9 institutions (Public Protector and Auditor General) to expose the DA. The current scandal surrounding the Executive Mayor of Eden District Municipality is a case in point. The ANC never raised the matter in the media although the forensic report is in the public domain and the recommendations therein point to criminal behaviour on the part of Wessie vd Westhuisen and Gert Niehaus. Yet the ANC failed to lay criminal charges against these two DA functionaries.
We need to come up with a clear strategy on how we can make the ANC more relevant in the 21st Century. We need a renewal of this organisation if we want to remain relevant for the next 100 years. We need committed cadres who are there to serve and not be served.
The author of this article is a respected ANC member of 22 years’ standing; took part in the arms struggle; serves loyally on many bodies and committees; and is active in the structures. He wishes to remain anonymous at this time.