DOCUMENTS

Maimane's claims false and defamatory - Five former DA councillors

Shaun August & Co. note that neither of the Bowmans reports made any findings against them

STATEMENT BY FORMER DA COUNCILLORS AND MEMBERS: SUZETTE LITTLE, SHAUN AUGUST, SIYA MAMKELI, THULANI STEMELE AND GREG BARNARDO

28 October 2018

MMUSI MAIMANE IS DISHONEST AND NOT TO BE TRUSTED.

WE HAVE INSTRUCTED AN ATTORNEY TO INSTITUTE ACTION AGAINST HIM AND THE DA FOR DEFAMATION

On Thursday 25 October 2018, and during a meeting of the Cape Town city council, we announced our resignation from council and as members of the Democratic Alliance.

We did so individually and after each of us had taken a long considered personal decision about our future in the DA.

Each of us did so for our own reasons.

However, it soon became clear that there is significant commonality in what brought us to make our decisions.

The party is racist, dishonest and unethical. It is a total sham.

On Friday 26 October our conclusions about the party were confirmed when Mmusi Maimane was reported, by the media, to have said that the reason we left the party was because the Bowmans investigations had implicated us.

In fact he is reported to have said the Bowmans report “made serious findings against these people. They must be investigated.”

Later on Friday he released his newsletter Bokamoso. In that Bokamoso Maimane writes (our emphasis):

“But now that a credible forensic investigation by credible legal firm has allegedly implicated them in tender irregularities, the DA is suddenly a racist party.

These five councillors have resigned, claiming racial victimhood. Can it be coincidence that they have suddenly decided the DA is racist now that they stand accused of maladministration

Maimane and the DA are just as unethical and dishonest as we found them to be whilst inside the party.

There are two Bowmans report. Neither of them make any findings against any one of us.

In fact neither of the reports even mention our names.

Maimane, and the DA, have launched a dirty tricks campaign against us.

This is surprising given that they said our leaving the party was of no consequence to them and that they wished us well.

Clearly they intend to the use the might of their media machine and money to try and destroy us.

As unemployed former councillors, without an income, we will have to be the brave Davids standing up to the bullying Goliath.

On Saturday 27 October we instructed an attorney to assist us take action against Maimane and the DA for his false and defamatory statements.

Our attorney demanded that he retract the false and defamatory allegations against us in the same manner in which he made them:

1. By issuing a media statement; and

2. By publishing another Bokamoso newsletter.

In both cases he is to apologise unequivocally for making false and defamatory allegations against us.

Maimane has until 18h00 on Monday 29 October 2018 to comply failing which we intend to sue him and the DA.

See attached copy of our letter of demand (below).

Letter of demand from Van Rensburg & Kie to Mmusi Maimane,

Mr. Mmusi Maimane

Federal Leader: Democratic Alliance CAPE TOWN

Via email: 

Dear Mr Maimane,

FALSE AND DEFAMATORY ALLEGATIONS BY YOURSELF

1. We refer to the above and confirm that we represent:

1.1 Mr Siya Mamkeli;

1.2 Ms Suzette Little;

1.3 Mr Greg Barnardo;

1.4 Mr Thulani Stimele; and

1.5 Mr Shaun August.

2. Our clients are all former members of:

2.1 The Democratic Alliance ("the DA"); and

2.2 The municipal council ("the council") of the City of Cape Town ("the City").

3. Our clients resigned as member of both the DA and the council on Wednesday, 24 October 2018.

4. As you know, a certain report, now known as the "Bowman's report," was tabled before and adopted by the council on Thursday 25 October 2018. That report addressed issues of alleged misconduct, pertaining inter alia to affairs of the City.

5. On Friday, 26 October 2018, you are alleged to have made certain false and defamatory allegations against our clients, which were widely reported in different languages by the media. You are alleged to have said, inter alia, the following:

5.1 The resignations of our clients are not surprising, as our clients are implicated in the Bowman's report on covering up corruption in the City;

5.2 "The report made serious findings against those people. They must be investigated."

6. You repeated similar false allegations against our clients in your newsletter, Bokamoso, also dated Friday, 26 October 2018.

7. The allegations you made, as recorded above, are false and defamatory, in that:

7.1 Our clients are not implicated in the Bowman's report, in any manner;

7.2 There are no serious findings against our clients in the Bowman's report. In fact, no findings are made against them, at all.

8. Our instructions are demand to demand the following:

9.1 You are to retract the false and defamatory allegations against our clients, in the same manner in which you made them:

(i) You are to issue a media statement; and

(ii) Publish another Bokamoso newsletter;

wherein you correct your impugned allegations, including an unconditional retraction;

9.2 You are to apologise unequivocally for having made these false and defamatory allegations against our clients;

9.3 You are to comply with the above demands by no later than 18h00 on Monday, 29 October 2018 and provide us with written proof thereof, which you may email to us at [email].

10. If you fail to adhere to the above demands by 18h00 on Monday, 29 October 2018, we hold instructions to issue a summons against you for defamation and to claim damages from you.

Yours faithfully

VAN RENSBURG & CO

Transmitted electronically without signature

Per:

LJ VAN RENSBURG

ENDS

Statement issued by Shaun August, Suzette Little, Siya Mamkeli, Thulani Stemele and Greg Barnardo, 28 October 2018