OUDTSHOORN NUUS - Good Secretary-General and member of parliament, Brett Herron, recently branded Western Cape Premier Alan Winde en MEC Anton Bredell constitutional delinquents after it came to light that their review application on the 2021 recording saga will not be opposed by the Public Protector.

Wouter Kriel, spokesperson for Minister Anton Bredell

In response to the accusations levelled at Winde and Bredell, Kriel said that Herron chose not to oppose the matter when he had the opportunity to do so.

"The matter was heard by Judge Savage on an unopposed basis and both the Bredell and Winde reports were set aside and substituted with a decision dismissing the complaints of Herron made to the Public Protector. Whilst it is disappointing that frivolous complaints lodged by Herron led to the waste of taxpayer money, it should be celebrated that the Rule of Law was ultimately upheld."

Background

In 2021 the Public Protector found that Winde and Bredell were in breach of the Constitution (Executive Ethics Act and Code of Conduct) after Bredell was recorded encouraging Oudtshoorn councillors to apply to place the municipality under provincial administration to free them up to help the DA “rebuild our brand”.

Winde was then censured for his efforts to defend Bredell’s misconduct as lawful at the Portfolio Committee on Cooperative Governance and Traditional Affairs. The Public Protector also found at the time that the statements made by Winde were not in accordance with the Constitution and legislation regulating the intervention by a provincial government in a municipality. According to Herron, his understanding is that the office of the Public Protector has drastically cut back on opposing review applications because it doesn’t have enough money.

In terms of the Executive Ethics Act, the Public Protector is the only institution empowered to investigate allegations that members of the executive have breached the Act and the Executive Code of Conduct.

Herron further stated in a scathing press release that the Public Protector's decision to not oppose Winde and Bredell's review application due to financial constraints, effectively means that they have succeeded in avoiding accountability despite their unethical conduct being recorded and freely available. In the press release, Herron also claims that he was personally responsible for submitting the recording of Bredell to the Public Protector after receiving it from a whistle-blower.

Herron's press release

In a strongly worded statement, Herron accuses Winde and Bredell's defense tactics similar to those of the ANC.

"They were effectively following the well-worn path of certain ANC leaders, who rely on delays, obfuscation, and legal technicalities to avoid being held accountable for their misdeeds. Such conduct, roundly criticised by their party, the DA, is known as the Stalingrad Defence. The inability of the Office of the Public Protector to fulfill the basic function of defending its decisions renders it toothless. If it can’t defend its decisions there is no point in the office making decisions in the first place. It borders on wasteful expenditure,"said Herron.

'Ons bring jou die nuutste Oudtshoorn, Klein Karoo nuus'