Cathy, now fondly known as Lamb Chop, has today applied for a Restraining Order against ExCom Member of the Marina Da Gama Association and Chairman of the San Marina Recreational Club, Mr. Leon Lee, for the threats he has made against her and others on this website (see San Marina residents take a stand). She says that she is petrified of running into him while on her rounds to collect signatures for the petition against the club.

Mr. Lee has been lambasted for his now infamous phrase “I have no problem people attacking me as the Chairman of the club but let it be known to all that if you make this personal I will hunt you down and take you out of your misery like a sick animal.”

Meanwhile, it is still an open question as to why some Title Deeds reflect that the home-owners are owners and others just enforce membership of the Club. Constitutionally, we have freedom of association, meaning that membership of a private club cannot be enforced. As some owners apparently “own” the club, while others are merely “members”, this leaves a huge question as to who must belong to the club and who not.

Everybody check your title deeds straight away to see if you’re an owner or just a member.

My goodness no wonder there is so much confusion in San Marina. I can’t believe nobody has picked this up before - but see, dears, how open dialogue helps clear things up.

Leon could even be the sole owner of the Club and indeed an instant millionnaire. Leon you better check this out and let us know the tally ‘owner members’ vs ‘non-owner members’. I wait in great anticipation…

Also on Monday 3^rd November at 7 p.m. Sgt Naidoo from S.A.P.S. will be giving us a talk about the “do’s and don’t’s” of a neighbourhood watch. I know that this date and time clashes with the MdG AGM but Sgt Naidoo has a very full diary and I would hate to mess her around.

PLEASE PLACE YOUR BETS

Will Pietie fire Leon before the Association AGM?

To put this now in a nutshell is as follows.

According to what I see here is that the MDGA is legal but the constitution is ilegal. The choice is now do you scrap the constition and put a new one in place as you can not have a Association without a constitution.

The old one has power to dictate. It clearly says that your house must be white;your verges to be neatened and your wall to be 2.1m in height and be visible pleasant to the eye. No scrap to be in front of your house like broken rusted trailers and cars.If any of these rules are broken you get a letter of demand. You might land up in court. You are also forced to be a member at R170 a year.

The new one which be in place will be voluntary. Will have no power over you. You can paint your house any colour - in my case I like purple. Do not need aproval from the commitee to put up my double garage made of zink plate as council do approve it - harsh financial times these days. My grass can grow to the lengh I want and my vehicle that was written off and rusting away can park in fron of my house. You will save a whole R170 a year and the area will then really become a special area. Can you imagine the rainbow colour houses we will have instead of that bright white.

I think we should vote on the new constitution. It sounds very democratic and open minded. I do not say this in a sarcastic manner because I feel strongly to the freedom of choice. Why should I be dictated by a few who has no real interest in my needs. That little clause I have will also have no meaning to me.

If this what the people want then it should be done and put in place. The members should have the right to freedom of choice.

If admin will allow it I would like to have a new forum opened up on this website. It will display both sides of the story and open it up for discussion.

It would appear as if Hunting Season is open in San Marina.  In a bold statement, the Chairman of the San Marina Recreational Club, Mr. Leon Lee,  has stated “… but let it be known to all that if you make this personal I will hunt you down and take you out of your misery like a sick animal.” after being criticized by an elderly local resident.

In a unprecedented barrage of comments on this website (see San Marina residents take a stand), members of the community have both slated and hailed Mr. Lee’s bold stance.  Some have even likened Mr. to the controversial  ANC Youth League President, Mr. Julius Malema, who recently made a similar statement against anybody opposing ANC president, Jacob Zuma,  while others have cried out ” Viva Leon Viva”.

Is the Club as unpopular as Cathy Suggests? Have your own say.

My name is Cathy. I live in San Marina.

San Marina Recreational Club has been made probably the most unpopular club in the world due to the bullying dictator of a chairman. For the last couple of months, we have been going around San Marina to collect signatures from members in order to close the club. It is a long process, as everyone wants to vent their frustration about the club. Thus far we have only covered about 100 homes, and have collected around 80 signatures. Most of those who did not sign the petition, were tenants. The majority of the people we have spoken to do not want to belong to the club, they do not use it, but they are forced to belong, even though they cannot afford it. The cheek of it is that we were told by some members that, even though they are paid up members, in addition to their monthly club fees they still have to fork out R5.00 per child to use the swimming facilities? Goodness, what do they pay their monthly fees for? Nogal 3 months in advance?

Some residents have voiced their concerns about mismanagement of the funds of the club. Although unsubstantiated, at this point, this matter will be investigated.

Regarding the club itself, whose stupid idea was it to put that hideous wall around the tennis court? It’s the most impractical, ugly structure I have ever seen. The balls bounce off the wall, getting under the feet of the players and you cannot keep an eye on your children playing in the playground.

In our travels around San Marina, I have been appalled by the deterioration of San Marina properties. It is clear that the Standards Committee of the Marina Da Gama Association have absolutely no impact in San Marina. They either ignore San Marina in total, or they do not have the ability to have standards enforced. What are we supposed to pay them for?

Neither the club nor the Association are in touch with the will of the people. They both need to go.

I do have news for Bobby though!! S…t stinks, it sticks, PONIES DO NOT HIDE IN IT and you are about to get it by the wagon-load!!

The marina Association Chairman has being blowing his trumpet of utter Sh….t  again. Apparently the yellow bellyached spineless standards committee of which Jan Da Missing partakes in  have carried out comprehensive standards infringement details. Hundreds of letters have been sent out to these poor  souls instructing them to comply with Lord Harrisons commands especially in San Marina area.

8 of 10 EXCOM MEMBERS QUIT
Seeing as this is virtually the entire committee, I strongly suggest that BEFORE the 2008 AGM the outgoing Excom issues to its members:
- a detailed account of the association’s financial position and performance to date (seeing as the current budget wasn’t formally approved in a general meeting)
- a fully (independently) audited set of financial statements with related party disclosure and details of all contracts entered into during the Chairman’s term
- a detailed portfolio report from each outgoing Excom member together with an explanation for his/her decision to quit at this time (or is their quitting en masse a vote of no confidence?)
- an explanation as to the current legal status of this association and whether it is a Home Owners Association, a Civic Association, a Charity, an extension of the Municipality or a Gardening concern (seeing as R30,000 was allocated to maintain ‘gardens’ in the 2008 budget);  it’s become increasingly confusing
- in light of the above an update on the association’s tax status
- a resume template for new Excom wannabees which on completion can be sent by Excom to members before the agm (even if less than 12 residents stand for election, and accordingly no vote is held, members must be afforded the option to express reservations they may have regarding someone’s suitability to hold a position of trust)
- a question & answer session with the association’s ‘attorneys’ (i’m sure they won’t mind attending the agm seeing seeing how they’ve been providing advice to the MDGA for nearly 20 yrs now) to address members’ concerns regarding the constitution, access to records and those wonderful amendments that altered the foundation of the association and basis for recovering monies from members.
Of course we trust that the outgoing committee will clean up the mess they’ve made before switching the lights out…

It is clear that the male dominated ExCom has not taken this statement to heart and continue to ignore the fact that they have struck quite a few women in Marina Da Gama. Women who do not mind to stand up and be counted.

On this last day of National Women’s Month, we salute the woman of our community. Your strength and unbreakable resistence is awe-inspiring. ExCom, ignore it at your own peril.

I think a Craft Market is a brilliant idea, and I wish all the exhibitioners a wonderful day, but please, the Association is not a mini-municipality all on its own.  Follow the rules, like everybody else.  You are not above the law.

Personally, I have not received such a letter yet, but this is probably due to the fact that the Association knows that there is no way I will pay them and that they will have to take me to court and then prove, in court, that they are entitled to such monies. I am confident that they will be unable to do so.

What you do is up to you, but in the unlikely event that I should receive a letter of demand from Mr. Hepple, this is how I would reply to his letter of demand:

Dear Mr. Hepple

As an ex-ExCom member of the Marina Da Gama Association you are aware that the legitimacy of the constitution of the Association is in question. Thus far, ExCom has been unable to establish the validity of the constitution of this Association to any satisfaction and I therefore question the Association’s right to charge me any fees.

I therefore kindly ask you to supply me with adequate proof as to the Marina Da Gama Association’s right to demand any moneys from me. In this regard, I request the following documentation:

1. The approved and signed Minutes of the Marina Da Gama Association’s Annual General Meeting where its constitution was approved and adopted by the members and
2. proof that Cape Town City Council and/or Provincial Government ratified a copy of the Marina Da Gama Association’s constitution and
3. a copy of such approved and ratified constitution and
4. any other documentation whatsoever proving that this Association is indeed the Association referred to in my title deed.

In terms of the Debt Collectors Act of 1998 you may not make any fraudulent or misleading representations to me. Failing you producing any evidence to the contrary, I deny membership of or association with the Marina Da Gama Association or any indebtedness thereto.

Yours faithfully

Should you receive a letter of demand, these are the things you should know:

• By law, only an attorney or advocate is allowed to represent the Association in court. Collection agents are not qualified attorneys and may not represent them in court. This means that should Mr. Hepple collect debts on the Association’s behalf and attempts to recover any fees from you, he would be contravening the law.
• You cannot be blacklisted until judgement has been taken. For this to happen, summons has to be issued and judgement has to be taken against you by a court of law - a highly unlikely scenario, seeing that the Association has been unable to establish the validity of its constitution (in other words, they are unable to produce a valid contract which gives them the right to charge you anything.)

In my opinion, ExCom is only trying to scare people into paying the subscriptions and will not take the matter further. Should you however receive an actual summons, immediate action is necessary. I will be willing to help anyone in this position and will produce testimony and/or give information should the need arise. You can contact me at 082 3522 620
Anita Koetsier

No rules or law applies to him.

His opponents get crushed through character assassination (or worse).

He allows his lieutenants and followers to grab land which does not belong to them.

Sound familiar?

Marina Da Gama now has it’s own little land-grabs too. Public open space being stolen from the ordinary citizens …

… under the guise of security (are we now going to fence of the sea for the “public’s safety” too?) …

… and more and more little bits of land is being stolen from its rightful owners.

Should we just sit back and accept this?

Its only a matter of time before the MDGAssociation dictatorship reaches its “past expiry date”

or not?

You decide

I guess nature is wrong too.

(Photos Courtesy http://marinadagamaassociation.co.za) and a Resident.

I attended today’s mediation session and wish to thank everybody who attended - especially the SAHRC representatives who afforded us this opportunity when there are so very many other pressing issues at this time.

A bouquet, too, to the MDGA representatives, Peter Harrison, Peter Joubert and Bob Craske for making the effort - and pointing out that we were lucky to be graced with their presence. We couldn’t agree more. I appreciate that it is not often that the MDGA Excom find themselves in a forum where they are not only asked questions but are also expected to answer them - truthfully.

As for what transpired at the hearing I don’t dare draw conclusions, but Forrest Gump’s “life is like a box of chocolates…full of surprises” springs to mind as a most fitting summation of events.

Thank you again to everyone who participated.

I guess it is clear: They don’t want to talk to us, but Mr. Harrison - We have a lot to say to you.

Now the question is: What does ExCom and Eskom have in common? They are both quick to ask for a major increase, but when we need the power, there is a total blackout. No wonder they are so similarly named.

The pink house is still pink, so I guess Jan DA Grotta’s annoying little letters are as effective as Eskom these days. Could the “power cut” be because they are dealing with one of their own?

A thought for the day: Never argue with an idiot. They drag you down to their level, then beat you with their superior experience.

Are you hopelessly out out of touch with the mood that is sweeping this country?

Do you have the ability to monitor, keep meticulous records and process all financial matters like South Africa’s Department of Home Affairs?

Are you able to deny allegations contemptuously?
Standards manager’s skills can be compared to having one child mopping up a tsunami with an ear-swab.
Do you feel San Marina residents will take advantage of your gardening skills?!
Should you fit this profile, please apply at the Marina da Gama Association’s offices for a job on the Executive Committee. The pay aint good, but the job sure has its perks. (Please note, you will have to swear an oath of secrecy on acceptance of the position. No moles allowed!!)
Warren

A:  An brightly coloured house in Marina da Gama!!

And to think that the guilty party is actually family of an Executive Committee member!!  As far as I remember, this particular Committee Member bleated something about “following due procedure” and “proposing a change to the colour scheme at an AGM”?

What do you think? Should we be allowed to paint our houses something other than white?

.

Cllr. Qually also announced that the number of refugees has dwindled from 18 000 to 12 000. May the remaining 12 000 people find happy homes soon.

Anita

False appeals for help.

“Accidents” such as having you car rammed from behind.

Someone trying to get help from a stationary car.

your electric gates being jammed.

PREVENTATIVE MEASURES REGARDING MY PROPERTY?

Ensure that anyone leaving your property can get into their car, start it, lock the doors and be fully prepared to drive off before the gates are opened. Consciously think about this every time someone leaves your premises.

If possible, ensure that anyone leaving you premises can do so without having to reverse into the road. Reversing forces one to concentrate on the driving and not what lies outside the gate. It also greatly reduces visibility.

If your visitors have to park in the street, escort them out on foot and check that the road is clear for them. If you have dogs, take them with you, especially after dark.

Ensure that your gates and driveways are well lit after dark. Replace fused light bulbs immediately.

Ensure that the number of your house is clearly visible at all times, night or day.

Install electrically operated gates – consider these now a necessity rather than a luxury.

If you have electric gates and a buzzer system, ensure that visitors can reach the buzzer without having to get out of their cars.

At the home, when someone rings the bell and you have established that the person can enter your property, do not leave them stationary waiting outside for longer than is absolutely necessary.

Either do not leave you property or hesitate to drive away from it if you spot a suspicious looking person or car in your immediate vicinity

Be particularly alert if you live in a cul de sac, given their single point of entry and exit. More and more residents are reverting to closing off cul de sacs and employing a guard at the entrance. However, when considering this, do not forget to liaise with the City Council.

When driving, avoid wearing flashy jewellery, heavy gold chains, large dangling earrings, gold watches, or anything that can be easily seen from a distance by a casual passer-by.

Never leave any important documents in your car, i.e. cheque books, bank statements, invoices, telephone accounts, credit cards, keys, remote controls or personal post, anything that may provide personal details, either while stationary or driving.

Vehicle tracking: the only solution to vehicle related crimes is to have tracking systems installed.

THE WORLD BELONGS TO ALL WHO LIVE IN IT

The Western Cape Civil Society Coalition (made up of trade unions, FBOs, SAHRC and human, health and refugee rights organisations) has been formed to respond to and deal with the threats of and actual violent attacks against foreign nationals as well as the humanitarian crisis that has unfolded in our country.

This Tuesday we are having a rally/public meeting to speak out against the:

-xenophobia that is ravaging our communities all around the country

-humanitarian crisis we are facing.

We will also announce our demands of government to deal with this crisis in a unified and urgent manner.

Please forward this announcement and please attend to show your support.

Venue:

St George’s Cathedral, Wale Street (corner Queen Victoria)

Tuesday 27 May 2008

12 - 2pm

Civil Society Task Team WC

Care of:

122 Longmarket Street Corner Adderley

Westminster House, 4th Floor

Cape Town

T + 27 21 422 1490

F + 27 21 422 1551

DON’T TOUCH MY BROTHER, DON’T TOUCH MY SISTER !

The following information was forwarded to us by the SAHRC:

PLEASE CIRCULATE AND GET IN AS MANY MEDIA AS POSSIBLE.

The Anti-Xenophobia Crisis Committee is using cellphones.

1. Emergency report SMS number:
Anyone who knows of a xenophobic attack should send an SMS to 31864.
This will be continuously staffed and information passed on to authorities.

2. Pledge lines to donate R10 for food & blankets:
People who want to donate R10 to the Coalition bank account can send your name (e.g. Zackie Achmat) by SMS to 38871. This will deduct R10 from your airtime (or contract), At least R6 will go to the TAC bank account to buy food, blankets and other supplies for the refugees from xenophobic attacks. (We are negotiating with Vodacom to reduce the deductions).

3. Bulk SMS notification to activists and community organizers on how to respond to attacks.
If you want to notify community activists in your organization via SMS, please contact us and we can send Bulk SMS to 100s or 1,000s of local
organizers at churches, community groups, TAC, other partners. If you want to do this, please contact Peter on 082 829 3353, peter@cell-life.org.za

Nkosi sikelel’ iAfrica!
South Africa belongs to all who live in it!

Contact: Peter Benjamin, Cell-Life, 082 829 3353, peter@cell-life.org.za
On behalf of the Treatment Action Campaign and the Anti-Xenophobia
Crisis Committee

Below we also include a list of organisations and contact names and numbers for those who wish to assist.

HUMANITARIAN ASSISTANCE

At the November 2007 AGM, there was a general sigh of relief when Councillor Demetri Qually announced that Council was looking into this matter and was considering some traffic-calming measures. Their solution: BIGGER SIGNS.

Councillor Qually, I don’t know if you wish us to thank you for the new signs. In all honesty, what difference do you think bigger signs are going to make?

Once again, the people of San Marina and Vrygrond are being thrown a bone just to placate us. NOT ACCEPTABLE. Go back to the drawing board and do something productive. Maybe, if you do not want to give us traffic lights, at least give us a circle.

According to Mr. Jan de Groote, ExCom had not received official notice from the SAHRC. Apparently, the letter was addressed to their street address instead of the postal address and must have gotten lost in the mail. Mr de Groote advised me that he had read about the meeting on this website and that the Chairman had also received an e-mail from a member referring to the mediation session. Apparently, both he and Mr. Harrison phoned the SAHRC to find out what was going on, but Mr. de Groote claims that nobody they spoke to at the SAHRC knew anything about the meeting.

The SAHRC however advised us that all parties had confirmed the place, date and time of the meeting.

Mr. Peter Harrison, Chairman of the Marina da Gama Association, purportedly left for the UK yesterday and will only be returning early in June.

Of course I am devastated, but probably not more so than Ms. Anna Moore of the SAHRC. She had especially postponed her return to the UK in order to attend the mediation session.

Personally, I hope that ExCom see their way clear to still attend the meeting on Monday. This matter has dragged on for long enough and must now be settled, bit in the mean time, the meeting has been provisionally postponed to the 25^th June 2008.

Anita

As I came home, the Chubb security vehicle was parked across the road from my home. The guard was busy talking to two burley men who were clearly quite suspect. Thinking that I was safe as the security guard was there, I stopped my vehicle behind the Chubb vehicle, got out and proceeded to open my garage to park my car, but just as I was closing the garage again, the two men were right behind me – and the Chubb vehicle was nowhere to be seen!!

The men proceeded to start harassing me for a job/money, until a kind gentleman (and I mean this in every sense of the word) stopped in the road, making it obvious that he was keeping an eye on the situation. When the men saw this, they quickly walked off. The gentleman asked me if I was ok and only left when I was safely inside my property.

My point is this: Generally, I am quite cautious. Had the Chubb vehicle not been there, I would not have climbed out of my car until such time as the two men had left. The security guard cannot claim he did not see me (I actually greeted him), but did not bother to stick around until such time as he was sure I was safe, and had that kind gentleman not stopped, who knows what would have happened to me. I do know that I was genuinely uncomfortable and felt truly threatened. I had to close the garage door, hang onto my handbag for dear life and attend to two very demanding men at the same time.

Next time, I will know not to trust the presence of the security guards to protect me. I will just drive around the block until such time as the guard and whomever he was having a chat with are gone. The security guards are not there to protect you, but only to give you a false sense of security.

To the gentleman who stopped to make sure I was ok - Thank you. I am sure your presence made a huge difference to the outcome of the situation.  We need more people like you who would be prepared to give a minute or two of their time, just to keep an eye on your neighbour.  You were marvellous.

(Supplied by a resident who asked to remain anonymous.)

But the paradox of the situation did not escape me. Here I live in what is called the most vulnerable part of the Marina. My house has never been broken into, my car has never been broken into and although I had a bicycle stolen out of the yard once, I have generally been left alone. Funny how, on the rare occasion I venture into the “protected” part of the Marina, my car gets stolen!The real irony is that the next morning I get a call from the police telling me that the car has been recovered.The thieves had ploughed it into a sand dune along Baden Powel Drive and left it there where it was found the following morning.

Although I am thankful to the police for their prompt action, it is probably hardly worth the trouble to go and fetch it at Bellville, where it is now kept until it can be fingerprinted and processed by the police.

I would however like to take this opportunity to thank the police for their quick response to my call and also to Inspector Drake of the Muizenberg police for his enthusiasm when he told me the car was found again. My mind tells me that it would probably have been better had it not been recovered, but my heart is thankful that this little car, which has given me so many years of excellent service, did not spend the end of its days in the hands of criminals. Somehow, it just deserves better.
(Posted to marinasecurity@gmail.com by a resident of Marina da Gama)

The South African Human Rights Commission has called on the Chairman of the Marina da Gama Association, Mr. Peter Harrison and the complainants to attend a mediation session on 19 May 2008 in Cape Town.

Anita says that “although we are really, REALLY grateful to the Human Rights Commission for taking an interest in the matter, it is shameful that the matter has had to go this far. Had the Councillors followed through on their resolution and forced ExCom to do a proper public participation process, this matter would have been democratically settled a long time ago.”

But it is not just our Councillor who is to blame for Marina da Gama being disgraced. The fact that ExCom does not see that the vote of 406 members count for nothing if around 400 members were not properly notified of the meeting, speaks of bull-headed arrogance and an utter disregard for the members of the community.

Shame on the Councillors and shame, shame, SHAME on ExCom.

Its a proven fact that, should your building plans conform to the style and architecture of the area, there is no need to submit first to the Association to guarantee Council approval.

I have heard those with outstanding subscriptions will not get Association approval till fees are paid up in full!  Yeah right!

They are now awaiting objections from the community.

Objections must be lodged within 28 days from the above date and can be sent to:

Simon’s Town Magistrate’s Court
Private Bag X4
Simon’s Town
7995

Fax no: 021 786 3429

Attention: Mr Nazo

RE: TOP AT EASTLAKE – LIQUOR LICENCE APPLICATION - EASTLAKE CENTRE, MARINA DA GAMA

Please ensure that all objections are properly motivated as an “I do not want a bottle-store in my back yard” will probably not do. You will have to explain why you do not want a bottle-store in your back yard.

Anyone can object, whether you own a property or whether you are just renting in the area, but please make sure that your objections are in on time, as this will probably be your best chance to stop the process.  Once the licence has been approved, it will be very difficult to have it revoked.

Well done to Anita and co. for managing to get the Human Rights Commission on board.  Mediation is necessary.

I have read the Executive Committee’s response to Anita’s letter and it is a load of bs.  Council’s report was rejected when they resolved that the Association first get a proper public participation process on the go. I do agree with them about is that “It is time for all to move forward in the best interests of the community that we all live in.”  But, in order to move forward, we first have to correct the mistakes, and, from what I understand, there were many.

It is important to note that around 400 members were not informed of the meeting at which the changes to the constitution were voted in.  I am one of those members.  That is a significant number of people.  It does not matter if it was the most well attended meeting in the history of the Marina, what matters is that 400 member were not notified of the meeting.  This makes the meeting unlawful, regardless of who else attended and the decisions taken thereat cannot be binding.  If the Association want to keep the changes voted in at the meeting, they will have to call another meeting, table the issue again, and get a new mandate to change the constitution.  Of course, this time inviting every single homeowner.

If what Anita says is correct and this constitution has never been approved or adopted by the members at an AGM.  This needs to be rectified.   It cannot just be ignored, as it will raise all kinds of questions in the future.  So the Executive Committee will have to see that this happens.  Call a meeting and have it adopted.  Get the mandate you say you have and walla, no more problems.

It is extremely short-sighted of the Executive Committee not to see that you cannot build a secure future based on such major oversights.  It will just lead to endless problems in the future, so if you want to move forward, do it pro-actively and correct the mistakes.  Then you can securely move forward, knowing where you stand.

Dear Ms Koetsier

Your Letter of 2 February 2008 – To the Executive Committee of the Marina Da Gama Association

We refer to the above letter relating to a meeting held on 2 February 2008 between yourself with your brother and Toni Joubert, Elaine Meyer and Bob Craske. The open items of that meeting have been addressed to you in a separate letter.

You attached a list of perceived shortcomings you had identified with the constitution.

These were raised by you in 2006 and were fully addressed at that time.

However, as with all questions relating to the constitution, any Home Owners Association Constitution is the property of the members of the association and can only be changed by them. If any member wishes to do this the Annual General Meeting is the forum to do it. An ExCom cannot change the constitution, it is solely up to the members.

You have raised the question of the legality of the constitution.

`The Planning Department’s Report to Council on the changes made to the Constitution of the Marina da Gama Association’

reads as follows:-

Legal Issues.

“The city’s records unfortunately, do not reflect when the said Association was formed and whether or not the Constitution for the Association was ever formally approved”

“However, Section 29(3) of the Land Use Planning Ordinance 15 of 1985 (LUPO) states that a “A home owners’ association which came into being by virtue of a condition imposed under the Townships Ordinance, 1934 (Ordinance 33 of 1934), and which exists at the commencement of this Ordinance, shall be deemed to be a home owners’ association which came into being by virtue of the provisions of subsection (1) of this section. ” “

“So whilst it must be assumed that no formal approval for the constitution has issued, the Association as well as its constitution are deemed valid in terms of the aforesaid legislation.”

The Marina da Gama Association and its constitution are therefore valid.

You state that ‘in the unlikely event that you are able to prove the legitimacy of the Constitution, the changes thereto were not voted in lawfully’

The constitution is proven legitimate and the Planning Department Report went on to state:

Legal Issues

“The submissions made to Council show that the resolutions to amend the constitution as proposed were properly adopted at duly constituted meetings of the association in terms of the current constitution, which as has been discussed, is deemed to be a valid constitution in terms of the Land Use Planning Ordinance 15 of 1985 “.

“In this regard, it is noted that the approval of the proposed amendments do not specifically impose or approve the security plan proposed by the association, but merely allow for the members of the Association to implement a security plan, if they so wish “.

“A copy of the proposed amendments has been referred to the Legal Advisor who has no objection to the proposed amendments. Furthermore, it is the opinion of the Head or Legislation and Enforcement that the amendments proposed to clauses 4.1, 5.4, and12 are a private matter between the members of the Association “

Conclusions

Reasons for support

“The approval of the application as proposed is not deemed to have a detrimental effect on the members of the Marina da Gama Association and the proposals have been supported by Council Legal Department.”

It is completely clear, from the above, that the councils’ Legal Department were satisfied that the correct procedures were followed, and that there was no detrimental effect on the membership of the association.

We believe that you may already have a copy of the report from the Planning Department but attach a copy in order that you can publish it.
Council have repeatedly said that the resolution of the Sub-Council meeting is a mere recommendation and confirmed this publicly in an address by the Manager of the Sub-Council to the AGM.

You ask for ExComs’ official comments on statements made by individual members of past Executive Committees and also from third party comments to objectors.

The members of the Executive Committee are nominated as individuals at Annual General Meetings or can be co-opted on to an elected committee when required. They are nominated by paid up members of association and accept to serve on a voluntary basis until the next AGM. They come from all corners of the Marina. The current committee has three members from the Uitsig Peninsula, two from Cannon Island, three from Park Island and two from Eastlake. Some members do not serve their full terms as personal or business reasons may dictate. The committee, from your own comments, is constantly changing, and in a dynamic and fluid manner. The current committee has 50% new members from last year, so new ‘blood’ is introduced to ensure that views of all can be represented.

In view of this, to ask the current committee to form a collective view on statements which are up to two years old, and hence two previous committees past would be unfair and impossible. Making value judgements on bare statements without context, under such conditions, would be beyond the Wisdom of Solomon. To assume that it could be done should invoke the same sentiment.

It is time for all to move forward in the best interests of the community that we all live in.

You thank us for the invitation to write an article for the Marina News and our assurance that the article would be published, you were not given and we cannot give any assurance as to publication, that is up to the editor. It was explained that we do not review articles for publication.

It is worth noting that the very first act of members of the current committee was to contact you immediately after the AGM; before you left the hall, and that we met you at someone’s home as you said that you would be unhappy at the office. It was a genuine effort to build bridges.

Yours Sincerely
The Marina Da Gama Association P.O. Box 121
Muizenberg
7950
Executive Committee
The Marina da Gama Association

-oOo-

I have read the Executive Committee’s official response to my letter and am very disappointed. The letter has no substance, it says nothing, it proves nothing and the most illogical part thereof is that the Executive Committee keeps on clinging to a Council report which has been rejected in its entirety, both by the sub-council committee and by Council’s Legal Department. Unbelievable!!

Well, I have news for them. This matter has not been dealt with adequately. Not by a long shot. You can fool some people some of the time, but you cannot fool all of the people all of the time. The Executive Committee hangs the future of the Association on the basis of a report written by a Council official who was under severe political pressure and who was very relieved that his report had been rejected out of hand and that the constitution has still not been ratified by Council.

In the end, no matter how fast the lie runs, the truth will always catch up and this Executive Committee has still not been able to prove the legitimacy of the constitution. It was foisted on home-owners in Anglo’s time and it was foisted on home-owners after Anglo left and has never been adopted in it’s entirety at an AGM.

As for commenting on the quotes in my letter, we have no idea what the views of the Executive Committee is. If indeed it is the Committee’s intention to build bridges, the current Committee must explain what its views are. Please note that 12 out of the 17 quotes were written by currently serving committee members and are inexcusable, regardless of the context in which it may have been placed. An explanation is therefore not an unreasonable request. I can however see why you would think that it would take the Wisdom of Solomon to explain away these insults to the community.

The committee is however clearly not prepared to accept responsibility for its actions and shifts the blame from one to the other. If it is true that the committee “does not review articles for publication” I suggest that you not only fire the editor of the Marina News, but also the people currently still serving on the Executive Committee who have written such disrespectful, unacceptable rubbish.

In conclusion, I will still write that article for the Marina News, but now doubt that it will be published. Once again the Committee has backtracked on its promises. Thank goodness for Warren who has made this website available to us as at least those of us with access to the internet will be able to read the article here. Thank you Warren.

Anita

It has taken almost two years, but the Human Rights Commission has seen enough merit in our complaints to call for mediation

According to the SAHRC, they believe “that it would be beneficial to schedule a mediation session, at our offices, between the Marina Da Gama residents who have lodged a complaint with the Human Rights Commission and the Marina Da Gama Association. Here your grievances can be discussed and the SAHRC can act as a mediator.”

Unfortunately, the SAHRC can only accommodate those who have lodged a complaint with them.

Maybe now we will finally be able to settle this matter.

For the Marina residents, the notorious Oudevlei Road intersection is a major sore point and residents of San Marina and Uitsig have been complaining for years that this intersection is lethal. Time and again, Council has rejected the idea of a traffic-light at this intersection but at the November 2007 Marina da Gama Association AGM, Demitri Qually, our local Councillor, promised “that the Oudevlei Road Intersection Issue would be sorted out in the next month or two.”

But Qually must have had his map upside down, as the only new traffic light which is making its appearance, is at Cannon Island Way on the other side of Marina da Gama. Why Cannon Island Way was chosen is a mystery, as this was one of the roads which only gave north-bound access to Prince George Drive. The developers must have had some serious muscle though, as not only did they persuade Council to put up a traffic light, they actually managed to get Council to open a gap in the centre island to give both north and south-bound access to the residents. Costa da Gama and other developments along the Eastern side of Prince George Drive still have to make do with first travelling south and then making a u-turn if they want to travel north.Councillor Qually says that they cannot have a traffic light at the Oudevlei intersection as it would be too close to a regional road. The problem is that the regional road they are referring to is the proposed Ring-Road, a road which, at this stage, is still a figment of the imagination and looks to remain so for a long time to come. In the mean time, lives are being placed at risk at the Oudevlei intersection and our Councillor’s promises remain, as always, empty.

When one gets bad service from a restaurant you can just get up and leave. Unfortunately in the Marina da Gama we cannot simply walk away from sloppy mismanagement and Nazi-style Association leadership. To get away from this, we would have to sell our homes. It would seem as if the Marina Management is under the miss-impression that the oppo