Crous v Kouga Municipality

• Jurisdiction: South Africa
• Judge: Jansen J
• Judgment Date: 19 June 2008
• Docket Number: 5362/05
• Hearing Date: 17 June 2008
• Court: South Eastern Cape Local Division

Jansen J:

This is an action for damages resulting from a letter written by one Phumzile Oliphant to the editor of a regional newspaper, "Our Times" which is distributed within the Jeffreys Bay, Humansdorp and St Francis Bay area. This letter was dated 21 July 2005. At the time the said Mr Oliphant was the Media Liaison Officer of the Kouga Municipality, on which letterhead the letter was written, with a further indication that it emanated from the office of the Mayor. This letter reads as follows:

"TO: THE EDITOR

OUR TIMES

Sir/Madam

After reading the unpopular story written by the unpopular Mr Theunis Crous, this Council see it necessary to respond and put to quivive, all matters regarding these empty allegations.

In fact the Council is not taking the utterances by Mr Crous too light and as such we challenge him to

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Jansen J

come forward with substance to support his empty snobbish accusations.

To those that know little of him and his style of operation you indeed need to ask a multitude of questions. This Council has known Mr Crous for many years. His modus operandi is that of entitlement he always demands from the Council as if he is only inhabitant of Kouga. I would like to sight typical and practical instances; inter alia;

- The alienation of land

- Management of refuse sites etc.

Because this Council did not award him the land he tendered for, he opted to take this Council to the High Court. It is time for this Council to put its views to the majority of Kouga population. Mr Crous is not and will never be a sole beneficiary of land and tenders of this Council.

He is a type of person whose fashion is to make allegations around corruption and mismanagement but, when this Council pleads with him for documented information, he never submits such.

We don't take this man serious. He is a "Bull in a Chinese Shop". He is always engaged in destructive and undermining programmes.

The public of Kouga elected these Councillors by so doing they entrusted these leaders to take charge of the day to day running of this Council. Mr Crous is fully aware that never in the history of a legislative body did public participate in appointing officials. This Council in whatever it does it applies the relevant Acts and Regulations, among these; it is required by law that Council advertise all vacancies. If Mr Crous is interested to apply for any of the Director positions, he has a right to do so.

Our Councillors were never marginalized by capitalists. The only capitalist that has done so was Mr Crous by taking this Council to court for a piece of land that belongs not to him but to the people of Kouga.

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Jansen J

The Council has an outstanding record of transparency and consultation in whatever it does. Therefore the process of appointing Directors will be open and transparent, the public will know every inch in that.

For the sake of the masses of Kouga we once again wish to challenge Mr Crous to come forward and prove to us on the allegation that there is already a move to appoint certain people in the Director posts.

For the sake of the masses of Kouga can Mr Crous come forward and furnish this Council with information and substance on fraud and corruption. It is time that we tell this man that enough is enough. He should stop his snobbish accusations against this Council. In fact as an unpopular discredited resident; he should not use this Council to build his image.

The constant and continuous referral to BEE by him is totally misleading. He is a direct beneficiary of apartheid and will never change from that. Mr Crous is a 100% white owned non-transformed business, which I doubt he intends to bring black people into his company.

We should not be misled by him. He is manifesting BEE for his selfish opportunist benefit. The public of Kouga should be aware of the fact that many opportunist has made use of what we achieved through blood and sweat. The sudden strong cadres like Mr Crous are those that use the policies to empower the historically disadvantage to their own benefit.

He was never a freedom fighter, Mr Crous jumped on...