Drawn-out 13-year DA battle
A 13-year legal battle with the DA by former Bitou DA councillor Johann Brummer over non-payment of a
R5 621 “compulsory public representative contribution” has taken a twist.
Brummer, who has been in court versus the DA since 2012, laid charges at the Plettenberg Bay police station on 28 February of perjury, forgery, uttering and obstruction of justice against Western Cape local government MEC Anton Bredell and DA MP Kobus Marais. He also laid a charge of perjury and obstruction of justice against the retired chairman of the DA Federal Executive, James Selfe (Case No 226/3/24).
The charges relate to what Brummer says are deposing false affidavits on the issue of the “compulsory public representative contribution” contained in clause 3519 of the DA’s constitution.
The clause states non-payment results in automatic termination of membership from the DA.
Persona non grata
Brummer’s woes with the DA involved two issues dating back to 2011.
Brummer says at the time he alleged there were “serious procedural irregularities” involving voting at the Plettenberg Bay branch annual general meeting in October 2011. He also alleged that criminal offences contravening the Municipal Finance Management Act were committed by the DA-led council and the mayor at the time when disciplinary proceedings against a council official was stayed.
“Because of this I became persona non grata in the DA.
“I insisted Bredell deal with it as both the leader of the DA in the Western Cape and as MEC for local government,” said Brummer
“Nothing happened and on 3 August 2012, I told Bredell if he did not take action on the issue, I would take the matter on review.”
He says 10 days later on 13 August 2012, Bredell and Marais deposed affidavits stating that Brummer owed the DA R5 621 in outstanding candidate fees, and that candidate fees were “compulsory public representative contributions”, in terms of clause 3519 of the DA’s constitution.
“The allegation that I had not paid the compulsory public representative contributions led to an automatic termination of my membership from the party, in terms of the clause.
“The true facts are that I did not owe the DA anything for candidate fees, and, in any event, candidate fees are not compulsory public representative contributions.
“This they were aware of, and explains my charges of perjury, and forgery and uttering against Bredell and Marais,” said Brummer.
High court history
Brummer said a key question still outstanding was whether he owed anything to the DA.
In September 2012 Brummer launched an urgent application in the Western Cape High Court for his reinstatement as a DA member. Judge Janet Traverso dismissed the application.
In December 2014 he decided to pursue a damages claim against the DA and filed court papers in the Western Cape High Court. The claim was for R2,7 m, based on the salary he would have earned between August 2012 and August 2016.
In what has been termed by Brummer as the ultimate Stalingrad legal delaying tactics by the DA, the case for damages, following a number of appeals, even reached the Constitutional Court, which ruled on 19 June 2023 that the matter be heard in the Western Cape High Court.
It was set to be heard on 5 March 2024, but was again postponed – this time until October, at the request of the DA.
Federal Executive Chair of the DA, Helen Zille, referred the KPH to former FedEx chairman James Selfe, who did not respond to a request for comment.
Knysna-Plett Herald then approached Tertuis Simmers, Western Cape DA leader, who responded as follows: “As the DA Western Cape, we acknowledge your inquiry. Due to ongoing litigation, we reserve our right to comment until the matter is resolved and a final court order is issued.”
Massive legal bill
So far, a legal bill of millions has been racked up.
Brummer said a key question still
outstanding was whether he owed anything to the DA.
“If it wasn’t owed then my termination was wrong.
“Evidence is that there was never anything outstanding, ever. I’ve only seen a ‘certificate of balance’.
Such certificates were used by banks and have since been outlawed.
Brummer said the further delay in the case continuing was a move by the DA to “dodge the perjury bullet” before the May general election.
“What I want is to let the people know what they’re going to vote for. That’s the unconscionable thing in all this.”
Brummer said he had been waiting for “my day in court to bring that up – in the belief the judge who hears the matter and sees how the DA conducted itself, will take appropriate action”.
The hearing will take place on 25 October in the Western Cape High Court.