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19 March 2008

Following representations by the City of Cape Town Mayor, Helen Zille, that the Erasmus Commission be suspended and her threat of legal action against the commission, I responded to her minimum demand of postponing the hearings of the commission. I have faithfully fulfilled my undertakings to her.

I also undertook to pronounce on the future of the commission following an examination of the legal opinions procured by government as well as looking at whether the information available to the commission was compelling enough to bring any changes to the commission. I have now applied my mind to both aspects.

Especially on the information available to the commission, I had the benefit of an overview of the information by the commission's evidence leader. This has convinced me that what I knew in 2007 that led to the establishment of the commission has been surpassed by what I know now.

I am now convinced, more than ever, that the information must be examined and crosschecked through the work of the commission. From the information in front of the commission I believe the public will benefit from an examination of:

* information that suggests that the Speaker of the City may have issued an illegal instruction for surveillance
* documents which suggest that the Municipal Finance Management Act (MFMA) and Procurement Policies may have been violated
* surveillance records which suggest that methods were used which are contrary to our Constitution and the Bill of Rights, and even the City's own policies
* information that indicates that such surveillance was not confined to the City of Cape Town
* information that compels us to investigate both the activities of Councillor Badih Chaaban and the events around Councillor Sheval Arendse
* issues which suggest that a confusion or a blur exists between the state and party in payment matters in the City of Cape Town, George, and even in the investigation of the SMS sent allegedly by Councillor Hill and
* cellular phone records which suggest that, contrary to denials, leadership elements regularly interacted with each other and George Fivaz and Associates( GFA).

Knowing some of these things now, I am compelled to expand the terms of reference of the commission to include Sheval Arendse and Badih Chaaban, to include Cape Town and George Municipality, to sharpen the focus on the MFMA and the procurement policy, to check the constitutionality of the surveillance and whether a judge or the police were at any time involved in accordance with the law, and finally to ascertain the extent of involvement of leadership elements and the blurring of state and party in the pursuit of such surveillance.

Simultaneously, I am strengthening the work that is now required to arrive at the truth by heeding the advice of our legal teams. Clearly, the Mayor of Cape Town is desperate that this commission should not do its work. Our normally fearless Mayor is suddenly wanting to stop the commission in its entirety.

I have, therefore, decided that it is prudent, to avoid any possibility of a legal challenge, that we issue a proclamation that will repeal the previous Commission, and proclaim a new one that will be established fully in terms of section 127(2)(e) of the national Constitution, read with section 37(2)(e) of the provincial Constitution and Section 1(1) of the Western Cape Commission's Act. This differs significantly from the previous commission which, while driven by the same Act, included references to s106 of the Municipal Systems Act. The commission will commence its work immediately.

Enquiries:
Shado Twala
Cell: 083 640 6771
Tel: 021 483 5642
Fax: 021 483 5636
E-mail: stwala@pgwc.gov.za

Issued by: Office of the Premier, Western Cape Provincial Government
19 March 2008