Bitou Legal Updates – 20.09.2011

1. Johann Brummer vs. ANC Councillors

  • The speaker brought an urgent application against the ANC councillors asking for a court order that they must comply with his interpretation of the Rules of Order.
  • We opposed this interdict and brought 4 counter applications asking for 4 declaratory orders.
  • The matter was argued before Her Ladyship Cloete AJ on the 7th and 8th September 2011.
  • As is reported above, judgement was given on 28 September 2011 and justice prevailed.  Mr. Brummer lost all his applications and must pay the costs, while al 4 counter applications were granted as well!

2. Johann Brummer vs. the Bitou Law Enforcement Unit

  • The speaker brought an urgent application against the unit asking for a court order that they must execute his orders unconditionally.
  • We opposed the interdict and the matter was argued before Her Ladyship Cloete AJ on the 8th of September 2011.
  • As is reported above, judgement was given on 28 September 2011 and justice prevailed.  Mr. Brummer lost all his applications and must pay the costs, while al 4 counter applications were granted as well!

3. Unlawful council resolution dated 8 July 2011

  • The DA and COPE coalition alleges that the delegations in terms of Section 59 were transferred from the various officials to the Executive Mayor on this meeting.
  • Despite the fact that according to the ANC this never transpired on the said meeting, it is further in contravention of legislation.
  • The recording of this meeting also mysteriously disappeared while in possession of the speaker.
  • Two illegal attempts to have the minutes of the meeting approved were fortunately stifled by the ANC councillors.

4. Unlawful council resolution dated 12 September 2011

  • The DA and Cope coalition took an unlawful decision to transfer the power of procurement to the Executive Mayor and condoning all appointments in retrospect, dating back since they took control of the council.
  • No procurement legislation and no BEE policies have been applied and should this resolution remain unchallenged, this will be the norm in future.

5. Unlawful disarming of the Law Enforcement Unit

  • Due to a personal vendetta Brummer has against this Unit (see media article attached) they decided to disarm the unit.
  • It needs no further argument that this is absolutely illegal and ludicrous.
  • The unit refused to work in uniforms since then, due the obvious danger they would expose themselves to, and have now been disciplined for this.

6. Termination of fixed contracts

  • Fifty six (56) young black employees’ contracts were unilaterally cancelled by the municipality without any process.
  • I’ve managed to stall the execution of this action but the municipality refuses to give their final decision regarding this.
  • The unsympathetic conduct and heartless correspondences sent are disturbing to say the least.
  • The municipality believes all 56 employees are linked to the ANC.

7. Unlawful suspension of the municipal manager

  • The municipal manager was suspended in a manner totally inconsistent with the Constitution, all applicable legislation and case law.
  • We challenged the suspension and are currently awaiting a trail date to be allocated.

8. Disciplinary hearing: the municipal manager

  •  The municipal manager’s hearing is scheduled for 28 September 2011.
  • The charges are frivolous, vexatious and clearly trumped up.

9. Section 109 A representation

  • All municipal employees, ANC councillors and law enforcement officers were unjustifiably denied legal representation in terms of Section 109 A.
  • This urgently needs to be challenged in court.

10. Victimisation of officials and attempts to illegally confiscate laptops

  • Officials who are believed not to be 100% loyal to the DA are continuously being victimized and intimidated.
  • I have managed to stifle an illegal attempt to confiscate their laptops on one Friday afternoon at 17h00.

11. Cancellation of funding

  • Funding to AIDS projects, education to the poor, Red Door and various other charities for previously disadvantaged communities which normally received grants, was stopped.

12. The media phenomenon

  • The media in the Western Cape apparently suffers from an acute case of not being able to hear any other voice than the loud unmistakably identifiable voice of the DA. In fact, it is impossible to distinguish between the two voices.
  • Various complaints need to be lodged at the Media Ombudsman, the most of them against The Herald.

13. Unethical, unlawful, partisan and general ultra virus conduct of the speaker

  • The mayor refused to investigate legitimate and serious contraventions of the Code of Good Conduct for Councillors against the speaker, despite of various demands and legislation that place a legal duty on him to do so.
  • Urgent court intervention is required.

14. Unlawful investigation

  • Although the ANC and officials of the previous municipality have no objection against an investigation to find proof of “corruption and maladministration”, they are wondering when the DA will call it a day.
  • The DA have been in power for over 100 days now and despite various task teams, forensic auditors, special investigators, hand picked special operation experts by Ms. Zille herself, they have found nothing.
  • The officials would desperately want to start doing their normal duties and go ahead, but are too scared to raise this issue due to the immediate disciplinary action they would have to face for “mutiny”.
  • Like George W Bush, the DA is still looking for the “weapons of mass destruction”; the only difference is that Bush actually admitted at one stage that he was wrong.
  • While this fishing expedition continues on the tax payers tab, the whole town is dying in the meantime.
  • Despite the fact that the investigation and interference from Province are blatantly unlawful, and so too the “self imposed administration” to which the Mayor refers in his “Letters from the Mayor”, this one my clients actually want to allow to finally one day publicly be vindicated after the relentless, brutal, malicious and plain false accusations that they had to endure for so many years.
  • It is noteworthy that the only “corruption” thus far exposed by the UA, is 71 Springbokkie shooters apparently drunk on the tax payers tab, during a formal municipal function. Scandalous!
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