No Private Army for Brummer

Law enforcers not at beck and call
14:09 (GMT+2), Thu, 06 October 2011
Source: Candice Ludick (Knysna-Plett Herald)

The High Court hearing regarding Bitou Speaker Johann Brummer’s interdict against ANC councillors, also sought that the Bitou head of Municipal Law Enforcement (MLE) be directed to assist him or any other elected chairperson of the council to “enforce rule 24(2) of the Rules of Order by removing any member of the Council of the Municipality of Bitou from a meeting if requested to do so by the applicant or such chairperson”.

Brummer argued that by virtue of the employment relationship which apparently exists between the municipality and its Law Enforcement Unit, the MLE has no discretion to decide whether a direction from the speaker is lawful or not.

The Bitou head of MLE contended that it would have been illegal for the unit to have removed, on Brummer’s instruction, a member who was legally entitled to participate in a meeting of council and that the relief sought by Brummer would essentially violate the MLE’s legal duty “to conduct law enforcement without fear, favour or prejudice to any person or political party”.

Western Cape High Court judge, Judith Innes Cloete said that the MLE is duty-bound to properly exercise its discretion before simply carrying out any instruction given by the Speaker.

She explained that a situation in which Brummer believed that he was entitled to act in an autocratic manner and that it is he who is entitled to decide whether an instruction is lawful, would simply undermine the very constitutional imperatives to which the MLE is obliged to adhere.

Brummer simply does not have such a right,” said Cloete.

Read the full story on here.

13 Comments

  1. terence says:

    Brummer thinks he is still in the old South African Defence Force (SADF) which was a law unto itself, killing people who fought for the democracy he (Brummer) now enjoys. He was very much instrumental in incitement of black-on black violence in Kwanokuthula, because he sharpened his teeth in the SADF who orchestrated black-on black in the townships in the late 1980’s and early 1990’s. They saying goes:”Old habits die hard”. Mr Brummer we are living in a constitutional democracy which was obtained through struggle and sacrifices and in many many many many instances by paying the ultimate price “death”. You had a wonderful time during those very difficult years and now you want to rubbish our democracy and constitution with your fascist and autocratic behaviour. We will not allow that to happen!

  2. Freedom Fighter says:

    Brummer must understand that we as black’s was tolerant in 1994, when the DA orchestrated black on black violence in plett, defame the Municipal Manger in Oudtshoorn, Suspended senior managers all over the region.

    We will stand up against these opprossive and vindictative behaviuor of the DA and dealw it you in court and the election booths.

    Those black voters who voted for the DA are telling us they made the mistake of their lives for voting for the “mies en noi”

    Brummer your days are counted in the Plett Municipality, do the honourable thing and resign.

  3. Red5 says:

    @ Freedom Fighter – I read this sign post in America the other day and thaught that with a little change it is quite funny in the context of Bitou (if we addresss this to our black voters in Plett) – “If you voted for this council to prove you are not a racist, please change your vote next time to prove you are not an idiot.”

  4. FRANCOIS says:

    How much have we lost already by this? Who will be able to see what has happened and do something about Brummer, my big questions is who is helping him? Who in the DA are alowing this man to destroy us? I know Politics is a dirty game? But someone help us!!!!!!

  5. terence says:

    Is it true that Johan Brummer resigned as Speaker of the Bitou Council after he was found to be not fit and proper to be a Speaker by the High Court? If its true than I must congratulate comrades Hardy,Paki, Lulama and all the other comrades who contributed in one way or another in bringing this mongrel down. The next step should be to get him removed as a councillor.

  6. Phakie says:

    Brummer has offered to resign, he read a letter apparently was written for him , he told us that he will ask the DA to remove him as speaker and be an ordinary councillor. Victory is certian.

    • J.E.F. says:

      Thanks for this info Phakie. However, offering to resign (asking the DA to remove him) and actually resigning is not the same thing. If he had any moral convictions he would do the honourable thing and resign as councillor.

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