Op laas, 'n eerlike prokureur.Press release by Hardy MillsWhat happened a disgrace'What happened in Oudtshoorn after the 7 August 2013
by-elecłions is a disgrace that will remain a dark patch
on our country’s young and proud history of democracy
for many years to come. 'A municipality’s main constitutional objective is
to provide democratic and accountable govern—
ment for local communities.
The council has the overall duty to exercise its
executive authority and to use the municipal re-
sources in the best interest of the local community.
Legislation defines a municipality as an organ
of state that consists of three elements:
- The council as the elected political structure;
- The administration; and
- The community.
All three elements are equal to each other, but
legislation considers the residents of the commu-
nity to be the core component and provides it with
the right to hold their council accountable for com-
plying with its legal obligations. .
As an attorney acting on behalf of a municipa—
lity, it is sometimes difficult to remember the great
importance of the third element, the community,
on whose behalf you are also acting, or supposed
to be acting.
On 31 May 2013 I was instructed by the munici-
pality of Oudtshoorn to advise and represent them
after the DA claimed that they took control over
the municipality during a council meeting when
five ANC members resigned from the ANC and
joined the DA.
I represented the municipality until 2 September
2014, when I withdrew from all the matters under
my care. In my letter to the municipality I stated
that I cannot in good conscience proceed to act on
their behalf.
After my withdrawal, I was invited to a meeting
by the current incumbents to discuss “future legal
work” as well as my outstanding invoices.
I turned down their offer of future work.
It was clear to me that their intention was to
withhold payment in order to gain some or other
hold or control over me.
All my outstanding invoices were approved and
I received various e-mail and sms undertakings
that they would pay on certain dates.
After the first article,
ANC Insider Drops Bomb
on Corruption in the Southern Cape, appeared on
the
Justice and Equality Front website, an organi-
sation that I am the founding member of, they pre-
dictably changed their attitude towards honouring
their commitments to pay, crying foul play.
What happened in Oudtshoom after the 7 Au-
gust 2013 by—elections is a disgrace that will re—
main a dark patch onour country’s young and
proud history of democracy for many years to
come.
I played a big part in this shameful period and
am prepared to accept full responsibility for the
role I played therein. It should have been clear to
me then that I was no longer acting on behalf of or
in the best interest of the municipality, the council,
the community, or the political party that had ju—
dicial political jurisdiction at the time. Rather, I
was working for a few individuals positioned in
the executive structures of the municipality.There is admittedly just no way to justify or
sugar coat what happened.
Predictably, after my withdrawal as attorney of
record and my refusal to accept further work, I be-
came the target of those individualsl used to re-
ceive instructions from.
I intend dealing fully with the allegations leve—
led against me in the press release issued in the
name of the Oudtshoorn Municipality as soon as I
receive more information of the charges leveled
against me at the Cape Law Society, and ofthe cri-
minal complaint that was laid at the SAPD. I will
engage with these organisations whom I am ac-
countable to, and do not intend dealing with any
future communications distributed by those cur—
rently in control of the Oudtshoorn municipal. I
am also confident that there is more than enough
evidence in support of all the allegations published
on the Justice and Equality Front website.
You can take a bullet out of a body, but you can-
not take ink out of paper.
I wish to make it clear that most of the employ—
ees of the municipality are ordinary, hard-working
people on the organogram, and one should not fall
into the trap of generalising. Moreover, a few of
them bravely and consistently leaked out informa-
tion and kept separate copies ,of most of the au—
thentic official documentation and records. If it
wasn’t for this, the handful of corrupt and ruthless
individuals at the head of the organisation would
have probably gotten away with their actions.
I am convinced that the people of Oudtshoorn
will soon see change in their town, and that the
municipal services which they are legally entitled
to, will start coming into fruition. '
What happened in Oudtshoorn must be a warn—
ing to our country and its young democracy as to
how easily things can go horribly wrong on local
government level, the colossal implications there- I
of, and how difficult it is to rectify it afterwards.
Hardy Mills
Mills Attorneys, Plettenberg Bay .