FICTION

 Extract - MDGA Chairman’s Report per 2009 AGM Notice:-

 “…Copies of mark-up documents and all issues of the constitution have been handed to Council.  This is to ensure that council is once again, in possession of all of the required documentation…”

FACT

 Extract - Letter Council to MDGA dd 18 Aug 2009:-

 “…3.3.1            The April 1986 Constitution of the Eastlake Association has been submitted to this Council by yourself as the existing constitution prior to the commencement of LUPO.  This aforementioned constitution appears to be a revision of the 1979 constitution and this Council is not aware of any legal link between the 1979 and 1986 constitutions.  The responsibility and liability vests with yourself that the April 1986 Constitution of the Eastlake Association has been drawn up and approved by persons legally empowered to do so.

 3.3.2    The responsibility and liability vest with yourself that your members are aware of and are in agreement with your actions as set out in your letter dated 2009-06-19 to this Council…”

When will Excom stop lying to it’s members???

Same shit different asshole! “Janaman”, the self proclaimed estate manager was as blind as a bat, without a backbone as he failed dismally on improving basic standards and refused to respond to valid complaints or suggestions on area improvements. Is the new standards boytjie related to Julius? Are you all ass and mouth, are you going to run with your ass between your legs when you get reprimanded by irate home owners who take pride in their homes.  Run, run to you chairman crying for action to be taken , you pathetic fool.!!!!

Get your basic priorities in order else you will become a has being as the San Marina’s ex chairman.

Well, while the de-throned chairman licks his wounds and attempts to regain some basic humane dignity in the San Marina Club saga I wonder if any of these boys ever bothered to drive around within their area.

The San Marina areas is a sess pool of dirty poorly maintained homes and ill fitting to be associated with the Marina Da Gama area as a whole.

The standards member that dared drop off his pathetic notice in my post-box, you’re F….. Blind, get your eyes out of your ass, and look around carefully at what really needs attention!

Stop being a absolute asshole, Sure I will  gladly conform to your obsolete design manual, but listen and read carefully only once you resolve disgusting  examples as shown here.

If you think your are going to attempt or try to bully me as the likes of the ex vermin hunter of San Marina Association think again.

 This is so “not conforming to the manual” But wait this takes priority and demands attention.  Mr Standards committee, bring it on, give it your best shot to get me to change my parapet back to white.

Since you are both blind and clearly retarded as you seem to lack insight into what is neat and tidy, maybe I can take you around myself to physically show you what requires your urgent attention.

I get the feeling some of the paid members of the MDGA are there for the good of the area as a whole, but then you get the blind “STANDARDS” member/s with inferiority complexes and use the MDGA as a stepping stone to attempt to show some form of authority they clearly lack in the work place and possibly there whole lives as a whole. Well you have picked the wrong person to bully. I was that person you hated and wished you were all you life!!!.

Section 12.1 of the new constitution of the Marina da Gama Association states that:

12.1    The monthly levies for each year shall be set at the Annual General Meeting which shall be held no later than 3 months before the beginning of the new financial year, at such time and place as may be determined by ExCom.

Notice has to be given in writing at least 21 days before the Annual General Meeting and, to date, ExCom have not yet called an AGM.

This leaves us with a very interesting scenario:  ExCom has missed the deadline at which the amount of the levies can be determined by the AGM, which in turn means that, in terms of their own constitution, they do not have the right to charge any levies for the 2010 year at all!

Ladies and gentlemen.  ExCom has missed the boat (again)!

As for Leon, bring up apartheid theory’s, youre simply a crybaby, Deal with it!!! no body cares. The Marina does not need the likes of you.

With the 2009 AGM rolling around, it is probably a good idea to air the latest rumour doing the rounds regarding the Marina Da Gama Association.

It is alleged that 3 or 4 MDGA Excom members do not in fact qualify as ‘resident members’ in terms of the MDGA constitution and accordingly do not qualify to serve on Excom.

Nominees are required to sign a nomination form stating “I…confirm that I am a resident member of the Association…”.

This state of affairs raises a few questions:-
Q1:  Are people serving on Excom under false pretence?  Who are they?  Dishonest people should not be allowed to hold a position of office.
Q2:  Wasn’t the “resident member” status of Excom nominees vetted against the member register?  This should surely be done as a matter of course.
Q3:  Are the other members of the Excom aware of the situation?  If not, why not?  What does this say about the other checks & controls?  Where is the “auditor”???
Q4:  If the Excom is aware of the situation why has this state of affairs not been disclosed and, more importantly, rectified?  What does this say about the integrity of the Excom?  Are we to conclude that all Excom members are dishonest?  These people claim to be the chosen voice of the (Marina) people - and what they do and say reflects on the entire community.  It goes without saying that they should be honest.

ONE property = ONE member.  Member = property owner OR spouse.  If resident, member may serve on Excom.  That’s it.

Have you noticed that the Palm Trees along Prince George Drive are disappearing one by one? This strange phenomenon only seems to effect the strong, healthy trees, while the sad, windblown ones are left to die a slow death.

Most interestingly, it also seems as if these trees are finding a new home along the highway coming towards Strand Street in Cape Town.
Recently, a Marina Da Gama resident noticed Council-workers carefully remove the Palm Trees along Price George Drive.

Could it be that the City is looting our Palm Trees to decorate the City and if this is indeed so, why is our Councillor not putting an end to it? With big fanfare it was announced that the circle at Prince George Drive was going to be beautified, but this will not help if the rest of the road looks like the back of a bus. It is unacceptable that the already neglected Deep South is being plundered in order to beautify the City. I know that 2010 is looming, but there will be visitors to this neck of the woods too. Should we just sit back and allow this to happen?

Oh dear.  Another one bit the dust.

Does anyone know what happened to the Association’s firm intent to sue us as soon as subscriptions were due in February?  I know that I have not received a summons yet, how about you?

By this time, the San Marina Recreational Club’s financials should have been on a firm footing; what with Comrade Julius … I mean Leon … suing everyone left right and centre for arrear subs,  and Comrade Jul … I mean Leon does say that “the Club financials has improved” in his February 2009 Newsletter.

So why then is the Club CLOSED???

According to Leon, they cannot keep up with the “constant vandalism” apparently committed by non-members - but a little birdie told me that it may just be that the finances are a bit depleted by the legal costs incurred by Leon in pursuing court cases against members who have chosen to defend themselves.

Now, it is by no means cut-and-dried that the Club will be able to recoup the monies spent in this way, as, as explained earlier in this website, at least some of those who have been sued may just have a valid case.

I am however a bit confused about the February 2009 Newsletter displayed on the San Marina Recreational Club’s website … despite the fact that the CLUB IS CLOSED, (during the hottest time of the year), people are warned by the Committee to:  “Remember if you do not have an ID or your subs are in arrears; please do not come to the club. You will be asked to leave the premises and it will be quite uncomfortable for all.”  Seems to me that, if you want a swim on a hot day like today, you are going to be uncomfortable regardless of whether you have paid your subs or have an ID

In all the years of my fighting with the Marina da Gama Association, they have not been able to establish their legitimacy as a compulsory home-owners’ association.  They may have called themselves the Eastlake Association in days of lore, but that does not mean to say that they were the Eastlake Association referred to in my title deed.  You see, even if I was called Mary, that does not make me the Virgin Mary.  I have looked for this proof everywhere, at their offices, at Council’s offices, at Provincial Government level, at the Deeds Office and even at the Master of the Supreme Court’s offices.  It is simply not there.

These people are asking us for our hard-earned money.  They must prove that they are entitled thereto.  They have not done so, and indeed, all the “evidence” they have given me points directly to the fact that they are not the association referred to in my title deed.

If they sue me, I will ask them for (amongst others):

1. The approved minutes of the meeting where the original constitution was adopted by its members.
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.

I find it quite underhanded that the Association is likening themselves to the San Marina Recreational Club.  It is not the same thing.  San Marina Recreational Club has common property on which rates and taxes have to be paid.  Marina Da Gama Association does not.  Indeed, ExCom are bold enough to put in their Letter of Demand that they are going to use the monies distorted from us in order to install irrigation systems on Council property and to paint walls which belong to private home-owners.  Since when am I responsible for painting my neighbours’ walls, or irrigating Council property?

No, they must do what they like.  If they sue me, I will defend myself and they will have to prove to a Court that they are the Association referred to in my title deed.  If they have not been able to do so up till now, I don’t see how they will be able to establish their claim.

Anita

Today’s Argus blurted out the news that Marina Da Gama has been plaqued by a spate of robberies with thieves entering the properties from the waterside.  This article was immediately picked up by the other media and I have even found an article on the internet which reads:

Dec 13 2008 Armed robbers in speed boats have started attacking and looting the super-rich families in Marina da Gama, a beautiful waterside community only 25 minutes away from Cape Town ’s central business district in South Africa.

We all know that waterside robberies are not that an uncommon phenomenon in Marina Da Gama.  For years robbers have stolen our little dinghies and pedalos, or they just wade the shallow water to get to the waterfront properties.  This is why I cannot see the silly little security scheme which the Association dreamt up as being effective at all.  If you have gueards patrolling your streets, the thieves will find an alternative way of getting into your property.  The more organised the security, the more ingenious the thieves get and the more dangerous the situation becomes.

I believe that we all need to me more vigilant.  I agree that one should be able to leave your doors and windows open, but that is not the way things are in South Africa.  Just because you have a guard patrolling the streets, it does not mean that you are safe.  Quite the contrary, the chances are that you will relax your vigilance which (in this case) leaves the back-door open for the thieves to get it.  Most of the intrusions into our homes are because we feel safe enough not to bother to check our own homes to see where a thief may gain entry.  In South Africa today, one cannot be too careful.  Look at your home with they eye of a thief, and then take whatever steps necessary to safeguard your property.  Don’t rely on others to protect your property for you.  Take responsibility for your own and your neighbour’s safety.  Secure your home and be vigilant. Know and look out for your neighbours and if you see anything untoward, raise the alarm. Oh, and please secure your watercraft.  I am sure you do not want it to be used to break into your own or your neighbour’s property.

On a side-issue, I have to giggle at Marina Da Gama being seen as the home of the “super-rich”.  Sure, there are some relatively affluent people in Marina Da Gama, but the majority of us are just simple, middle-class folk, who, in these trying times, are strugling along to make ends meet.   Granted though, it is a most spectacular middle-class suburb which, had all gone well, could have been just that - the home of the super-rich.

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.