8 Bolander Politics Wednesday February 2 2011

Media ousted from Stellenbosch

municipality planning meeting
Norman McFarlane Odendaal, in which he initially divulge who had ordered him to on January 29, 2010, acknowledging gations, commenced with the
refused to accept the agenda pro- exclude the media, he said that it the constitutional obligation of the implementation of a district air
public meeting organised by posed beforehand by TATIB. “Let’s “wasn’t a person, but a municipal

A
The Air That I Breathe
Foundation (TATIB) with
the Stellenbosch city manager,
David Daniels, to discuss the issue
of spray drift stalled last Monday
morning – when planning, property
and integrated human settlements
director Basil Davidson, who
deputised for the city manager at
short notice, refused to proceed
with the meeting until members of
the media had left the room.
The meeting took place at
11.30am Monday January 24 at the
municipality’s offices adjacent to
the town hall.
Two members of the media were
present, a number of municipal
officials, and a number of members
of TATIB, led by Ian Odendaal. Jur-
gen Schirmacher, a founding mem-
ber of TATIB, and a well-known
environmental activist took part in
the meeting via Skype from Aus-
tralia where he currently resides.
Mr Davidson, in his opening
comments welcomed the TATIB del-
egation, and assured them that it
was in the municipality’s interests
to address the issues at hand
because “Stellenbosch has some of
the most expensive real estate in
the country” and that this must be
protected.
Mr Davidson unilaterally
assumed the chairperson of the
meeting after an exchange with
see how things go,” he said.
He then asked all present to
introduce themselves and to state
their interest in the proceedings,
and once he realised the media was
present, he refused to proceed.
Mr Odendaal and Mr Schirma-
cher both challenged his decision,
citing the need for transparency,
but Mr Davidson insisted that it is
the policy of the municipality that
the media are not permitted to be
present in “planning meetings”
where matters of a “technical
nature” are discussed.
At one point he agreed to
observe the TATIB agenda, but only
if the media left the meeting.
Mr Odendaal pointed out that
the meeting was in fact a public
meeting called at the request of
TATIB, as a follow-up to a series of
meetings last year with community
services and public safety, the last
of which took place on May 25. Cer-
tain undertakings had apparently
been made at those meetings, and
TATIB wanted feedback on the
progress the municipality has
made on those undertakings.
Mr Schirmacher said that in his
view the municipality “must have
something to hide” if Mr Donald-
son insisted that the media leave
the meeting, but Mr Donaldson was
adamant.
When challenged by Bolander to
policy”. When asked to produce the
written policy, he said “We’ll have
to get our hands on it then forward
it to you.”
He agreed that the minutes of
the meeting could be made avail-
able to the media, and also to the
media having free access to speak
directly to the officials present at
the meeting, if the media had any
questions about what is recorded in
the minutes, adding “That’s normal
procedure.” Both members of the
media then agreed to withdraw
from the meeting, albeit it under
protest, to ensure that the meeting
was not postponed.
Bolander spoke to Mr Odendaal
subsequent to the meeting, and he
said that the Mr Davidson had
stated that according to legal opin-
ion, the issues of spray drift, chem-
icals and concentrations used are a
national competency, and that
TATIB should take the matter up
with the national department of
agriculture.
Mr Odendaal referred Bolander
to a letter written by the Legal
Resources Centre in November 2009
to both the CWDM and the Stellen-
bosch Municipality, pointing out
the local authority’s constitutional
obligation in respect of ensuring a
clean and safe environment for its
citizens.
CWDM responded to the letter
local authority to ensure a clean
and safe environment, insisting
that it (CWDM) as a district munic-
ipality has no obligation in this
regard, but that Stellenbosch
Municipality as a local municipal-
ity does, and that “The local munic-
ipalities must adopt by-laws with
regard to their constitutional func-
tions.” To date, no such by-laws
have been enacted.
In the same letter, CWDM noted
that it had, in terms of its legal obli-
RESPONSE TIME (OUT)
At the time of going to print, Mr
Daniels had not responded to a
series of questions emailed to
him by Bolander last Tuesday
afternoon at 2.40pm, apparently
due to personal circumstances:
● Were you invited to the meet-
ing, did you initially accept, and
then withdraw? If so, why did you
not attend the meeting?
● In your absence, was Basil
Davidson (planning, property and
integrated human settlements
director) granted any delegated
authority, and if so what was the
nature and extent of that dele-
gated authority?
● With regard to Mr Davidson
ordering the media to leave: was
quality management plan, but
according to Mr Odendaal, that
process is now stalled, and it has yet
to be implemented with Stellen-
bosch Municipality citing budget-
ary constraints.
In a call to the office of city man-
ager David Daniels on Monday
afternoon, Bolander was told that
he was unable to attend the meeting
due to a prior commitment to
attend the monthly mayoral com-
mittee meeting.
he carrying out your or somebody
else’s instructions, and if so
whose?
● Is there is a formal written
policy to exclude the media from
meetings of a “planning nature”,
and could you please explain the
motivation for such a policy?
● If he was not carrying out
anybody’s explicit instructions,
and there is no such official policy,
did he act within his powers?
● Did Mr Davidson have the
right to eject the media from the
meeting, and do you support his
actions?
● If you support his actions,
what does the Municipality have
to hide?

HAVE YOUR SAY!

REPEAL OF OBSOLETE
PLANNING POLICIES
In updating its Land Use Management System and to streamline decision
making, the City of Cape Town has undertaken a planning policy
rationalisation exercise and intends to repeal obsolete policies. Such policies
mostly deal with local area issues and have been superseded by newer
policies or are no longer relevant. The list of policies is available for perusal
at your local district planning office, local library or nearest subcouncil
office, or alternatively at www.capetown.gov.za

Written comment may be submitted on or before 28 February 2011 to

the Manager: Development Policy, Processes and Legislation, Department
of Planning and Building Development Management in any of the
following ways:

• By post to P O Box 298, Cape Town 8000

• by hand to any subcouncil office, district planning office or the
16th floor, Tower block, Civic Centre, Cape Town
• By fax to 021 425 4327
• By email to lums@capetown.gov.za

Further enquiries may be directed to your

nearest district planning office or
Gideon.Brand@capetown.gov.za
PICTURE: CAROLYN FROST
ACHMAT EBRAHIM
■ Harvest time: A tractor pulling a load of grapes heads along a Stellenbosch road towards Distell, a
CITY MANAGER
common sight this time of year in the Boland.