Showing posts with label Public Protector. Show all posts
Showing posts with label Public Protector. Show all posts

Tuesday, July 9, 2019

STOOD UP BY SUNE` GRIESSEL THE PUBLIC PROTECTOR'S WESTERN CAPE REPRESENTATIVE


Dear Readers,

          Calls for the Public Protector Busiswe Mkhwebane to be fired are getting louder and louder after a second court hearing found against one of her investigations.
          In his column in the Sunday Times headed “Mkhwebane is a public menace, not a public protector, and she must go" Barney Mthombothi wrote that Ramamphosa must make sure that parliament takes the necessary steps to remove her. A subsequent editorial in the same paper was headed: “This rogue investigator is what the public most need to be protected from.”
          If she must go so should Sune` Griessel who is in charge of the Western Cape Protector’s office in Cape Town, together with some of her useless staff.
          As far back as June 2017 I received an acknowledgement that my complaint to the Public Protector office in Pretoria had been received. I was trying to initiate an investigation into the way the Cape Town City Council had been wasting millions.
          For nearly four years I had personally documented, with my own pictures and posts on my blog, the way Council had been spending huge amounts on ineffective ways to try and keep the sand dunes in place above a municipal rubbish dump, next to the kite surfing beach at Witsands not far from Cape Point. The dump was closed more than 30 years ago, but there is still tons of plastic and other non-biodegradable material under the sand. The Council has been spending all this money to try and prevent this from getting washed into the sea.
          What I discover was that the Council’s net fences erected to ensure that the remains of the rubbish was always covered were getting blown away by the strong winds that are endemic to the area. Sometimes they were flattened as fast as they were put up. From time to time costly earth moving equipment was brought in to shift dunes around only to have the sand blown back to its original position.
This is how the ratepayer's money is being wasted
          At the end of last year Greg Oelofse, Cape Town’s Head of Environmental Policy told me that this maintenance work on the dunes would have to continue ad infinitum. What they had been doing had been successful because since 2006 none of the buried rubbish had been washed into the sea.
          What he neglected to mention was that in the last few years we have not had enough rain to wash anything into the sea.
          He was not in favour of vegetating the area with alien Port Jackson willow because in the unlikely event that they would be given permission to do this by the appropriate government department they would still have to spend money on an ongoing basis to make sure it did not spread to other areas.
          Meanwhile on the other side of the mountains above Witsands the lower slopes are covered in a forest of Port Jackson. They have been like this for more than 10 years and nobody has done anything about it.

          So what would be better – go on spending millions to try and keep the constant shifting sand in place at Witsands or plant Port Jackson? This would be self perpetuating and cost not a cent extra once planted. It already grows naturally in patches around the 19ha rubbish dump site and what’s more important is that it does not need any watering to get it going.
          My complaint to the Public Protector contained details from six of my posts about what has been going on at the dump site as well as links to the posts. Many of these included the replies I got from the councillors concerned as well City officials.
           But this was not good enough to even get the ace sleuths at the Public Protector’s Cape Town office started. A year after my complaint was received they were still trying to work out whether the “law allows your complaint to be investigated.”
           After I was told that my complaint had been shelved because I had not supplied enough information I came across a quote from the Public Protector herself that made nonsense of what the Cape Town office had been telling me. She said that even if her office is not provided with the evidence to support an allegation this did not stop it from being investigated.

          When I pointed this out to Griessel she phoned me and asked me to come to her office in the centre of Cape Town. I told her that I was not prepared to do this as it was quite a trek from where I live near Kommetjie. So she asked for my exact address as she said she had been visiting the township of Masiphumelele (Masi), which is in the same area, almost every week. When I gave it to her she undertook to come and see me at my home and made an appointment for the following week. About an hour before she was due to arrive somebody from her office phoned to say she would not be able to make it because the authorisation for the trip had not yet come through.
          Hers is such a humpty dumpty department that the office manager apparently needs an authorisation to travel from the centre of Cape Town to a place in the Southern suburbs. I told the caller to tell Griessel to tell me in an email what she wants me to give her. I never heard from her again.
Most of these claims didn't feature in my experience
          My response was to send her an email in which I told her that as head of the Western Cape office she sets an appalling example. “You told me among other things that your officer doesn’t deal with blogs. So you are evidently behind the times in that area of technology as well. Who does one complaint to about rotten service from your office?”
          While the City Council continues to blow money on a grand scale at an old rubbish dump site 40 000 Blacks live in Masi not far away, in what the Public Protector herself described as: “The most disgusting conditions I have seen in my life,” after she visited the township a couple of years ago.
          Regards,
          Jon
P.S. Thanks Sune`Griessel and your staff for doing your bit to tarnish the already besmirched name of the Public Protector.

Monday, October 15, 2018

CRAZY COMPLAINT REQUIREMENT OF THE PUBLIC PROTECTOR: 'PROVE YOUR CASE BEFORE WE CAN DECIDE IF WE CAN START'


Dear Readers,

          Adv. Busisiwe Mkhwebane, South Africa’s Public Protector recently announced that in the years 2016/17 and 2017/18 they finalised 21 176 out of 25 288 complaints.
Well, if mine is anything to go by these figures must be extremely suspect.  After more than a year her Cape Town office had not yet decided whether or not the law allowed them to investigate my complaint against the Cape Town City Council.
For nearly three years now I have been investigating why the Council goes on spent millions on ineffective schemes to try and keep the sand dunes in place, above a municipal rubbish dump at Witsands near Cape Point. The dump was closed more than 30 years ago.
26 June 2017: I emailed my two page complaint about this shocking waste of money to the Cape Town office of the Public Protector.
29 June 2017: The receipt of this was acknowledged in a letter signed on behalf of a senior manager in which I was told that once they had established “whether the law allows us to investigate your complaint” they would contact me again.
6 November 2017: Ayanda Mngqinya asked me to provide proof of my allegations against the Council and two days later I sent her a five page email in which I expanded on my original complaint. This included links to six of my posts on the subject in which there were numerous pictures, which showed conclusively how the use of nets to try and keep the sand in place had failed dismally. They had either been blown over or buried by the very strong winds that are endemic to the area. I quoted Councillor Johannes van der Merwe, the Member of the Mayor’s Executive team at the time, who was in charge of the Environment, as well as other people involve in the project. Van der Merwe claimed that what they had been doing was an extremely cost effective way of managing the landfill site. I pointed out that on 30 March 2016 the Cape Argus carried a story based on my blog that effectively verified what I had written. I mentioned that in another post addressed to the Mayor Patricia de Lille I had emphasised the fact that the Public Protector had described the conditions in the township of Masiphumelele, which is not far from Witsands, as the “most disgusting I have seen in my life.” And I appealed to her to get the Council to stop wasting money at Witsands. I also pointed out that although my posts had all been very critical of what the Council had been doing, I never had single complaint about the accuracy of what I had written.
22 January 2018: I sent an email to Ayanda Mngquinya asking her what progress there had been with my complaint as the money wasting by the Council was starting all over again at Witsands. I attached photographs that showed how nets had been blown over just days after they had been erected.

11 April 2018: Ayanda replied saying she was “currently unavailable” and that I should directed all queries to Mrs Judith Steyn. This I did.
16 April 2018: Nkagiseng Motaung replied under the heading PROGRESS REPORT. “Kindly take note that your complaint was received by the Public Protector Western Cape Regional Office and I am the investigator assigned to your matter.” She went on to say that she will be “assessing my matter” and will revert back to me with the “outcome of the assessment.” So it was clear from what she told me that at this stage, 10 months after her office received my complaint, nobody had yet decided whether it was something they were entitled to investigate.
12 June 2018: I sent an email to Advocate Stoffel Fourie, who I was told was in charge of the Cape Town Public Protector’s office, even though he is apparently based at Bhisho in the Eastern Cape. Before I was given his email address my phone calls to the office in Cape Town, the head office in Pretoria as well as the one in Bhisho went unanswered. His email address wasn’t much help either, because all I got was two read reports in reply to my emails, and nothing more.
23 July 2018: Although my complaint was now more than a year old this unbelievably inefficient organisation was still trying to work out if it was qualified to deal with my case. Nkagiseng Motaung told me in an email that they required some more information to “assess whether the law allows your complaint to be investigated.” She wanted to know the following (My comments are in brackets):
1.    Issues that you wish the office of the Public Protector to investigate (As if I hadn’t told them already).
2.    Outcome sought by yourself should your matter be investigated (This must have been painfully obvious from what I had already sent).
3.    Proof that you formally raised your complaint with the City of Cape Town Ombudsman, your reference number as well as proof of outcome (This I hadn’t done because I didn’t think it was necessary as the Mayor and a member of her Mayoral Committee must have been aware of what I had written)
4.    Proof that you formally raised your complaint with the Office of the Speaker in as far as the conduct of the Councillor and Council is concerned and the proof of outcome (Same answer as Item 3).
5.    Proof of any other institution/s you raised your complaint with as well as the out come thereof (Same Answer as 4).
6.    Any other relevant information and/or documentation including correspondence between yourself and the official you communicated with. (I wasn’t prepared to send all this because I felt I had already sent more than enough information for any investigator to get started)
It ended with “Please take note we will now proceed to pend your file to the 3rd of August 2018 in anticipation of the above requested documents, as we cannot commence the investigation due to insufficient information. As soon as the above has been received, we will then proceed to asses the matter further and advice (sic) accordingly.” In this email this ace investigator also changed my sex by addressing me as Ms. J. Abbott, although all my emails had ended “Regards, Jon Abbott.”
24 July 2018: I replied to Nkagiseng Motaung saying that her office was an “absolute disgrace” because more than a year after I submitted full details of my complaint I was now being asked what outcome I wanted “should your matter be investigated.” I added that it was like reporting a murder to the police and being asked what outcome I wanted. “If something appeared wrong it was up to the Protector’s office to investigate it and not expect the complainant to provide all the proof,” I told her. “How could some poorly educated person possibly provide any of the information you are now asking for?”
10 September 2018: I got an email with a letter attached signed “PP Sune`Griessel (Mrs), Provincial Representative (Western Cape). It began with: “For further enquiries: Mrs N. Motaung, 31 August 2018.” The gist of the five paragraph letter was that as the Public Protector was “an office of last resort” I had not taken “all reasonable steps to exhaust all remedies available” to me
          “Due to the insufficient information regarding your complaint, we are unable to assess the matter further. We will now proceed to close our file and thank you for engaging with the office of the Public Protector.”
          I’m a retired former Sunday Times investigative journalist. So if I can’t present the Public Protector’s office with sufficient information to get it started, what hope has the average person?
          My experience shows how very unlikely it is that 83% of complaints to this branch of Government were finalist in the last couple of years as Busisiwe claims.
          Regards,
          Jon, a very disgusted Consumer Watchdog, who hopes she does a much better job than this.
See also: Monumental waste

Sunday, April 8, 2018

CAPE TOWN'S COSTLY INEFFECTIVE DUNE STABILIZATION CONTINUES AS IT PROPOSES HUGE SERVICE CHARGE HIKES FOR RATEPAYERS


Dear Cape Town Ratepayers,

          Here we go again. Having proved conclusively that a web of nets erected to keep the sand in place over an old rubbish dump has been a hopeless failure the Council is putting up even more of them. The dump, closed more than 30 years ago, is in the middle of a 19 ha site that consists of mainly sand dunes.
          The Council is repeating what it has done at the beginning of every year since 2016. Only this time an even larger section of the dunes next to the Witsands surfing beach not far from Cape Point is being covered with these rows of nets.
          Officials seem unconcerned that they’ll soon get flattened or buried in the sand by the gale force winds that are endemic to the area.
          In its efforts to ensure that none of the remaining rubbish (plastic and other non biodegradable material) gets washed into the sea during the winter rainy season, which happened many years ago, the Council has spent something like R7-million in the last 12 years.

          Even though we are in the midst of the worse drought anybody can remember the Council upped its wasteful spending on the site from 2016 onwards, blowing about double the R500 000 average that had been splurged in previous years.
The waste of money gets worse and worse. It just goes on and on. My efforts over a period of more than two years to get the Mayor Patricia de Lille to put a stop to this have proved fruitless.
          On 26 June 2017 I lodge a complaint about this with the office of the Public Protector and I got an acknowledgement a few days later. It said that my complaint would be “assessed to establish whether the law allows us to investigate your complaint. As soon as the process is complete we shall revert to you and advise you accordingly.”
          I have yet to be “advised accordingly” although I was asked to provide further proof of my allegations in addition to what I gave in my original evidence. I then sent links to my various posts on the subject as well as photographs etc.
          But if Advocate Busisiwe Mkhwebane the Public Protector keeps complaining that she hasn’t got enough money to investigate the big crooks properly what is the chance of my complaint ever being finalised?   
          This never ending waste is particularly galling at a time when the Council has drastically increased the price of water as it badly needs money because of the crippling draught. In addition it is proposing massive hikes, some as high as 26%, on all services charges for ratepayers. These are way above the inflation rate.
On the other side of the mountain from Witsands there are 40 000 people living in the Black township of Masiphumelele who are crying out for improved living conditions while this waste goes on and on.
          When the netting began all over again in 2018 I tried to find out what the Council intended to spend on the site this year. At the start of my investigating in 2016 I dealt with Councillor Johan van der Merwe, who had the Environment portfolio.
My questions to him evidently became too hot when I asked how the tenders for the work had been allocated. That was when I was told I would not be given any further information.
          It is ironic that the Councillor in charge of Environment when the waste of money at Witsands really escalated is now the Mayoral Committee Member for Finance who recently made a speech introducing the The Greater Cape Town Water Fund Pilot Project.
          This year Van der Merwe told me that Councillor Brett Herron the Mayoral Committee Member for Transport and Urban Development was now in charge of Environment. He in turn passed me onto Gregg Oelofse the Manager: Coastal Management.
          He wanted me to meet him on the site but he had to cancel our appointment because his elderly mother in Durban broke a leg.
          Obviously he could not have anticipated this but I was mystified as to what he could have told me on the site that he could not have put in an email. How much the Council plans to spend at Witsands this year is surely not a secret.
          A couple of days ago workmen were busy digging out buried nets along the sea front where virtually all the original ones had disappeared. They were rolling them up and carrying them away. And when I asked if they would be re-erected I was told that they had rotted.
          This makes nonsense of the assurance that I was given in 2016 that buried nets would be dug out and put up again. So that’s another aspect of how wasteful this netting scheme is.
          The pictures below are glaring examples of what a wasteful failure the netting has been ........  


Nets being re-erected on 2018.01.17 with what's left of the
previous ones in the foreground
Five days later on 2018.01.22 what's left of of the nets at the
same place as the above scene after a gale
Diary of Cape Town City Council’s huge waste of money in a futile attempt to keep the sand in place at the Witsands rubbish dump site which was closed more than 30 years ago.
(This is a sample of the wasteful expenditure on parts of the 19 ha site that has been repeated all over it in the last two years)
Section of dunes next to the beach at the car park end where the mountain stream washed rubbish into the sea some years ago.
Feb 2016: Heavy earth moving equipment and dumper trucks used to cover exposed rubbish
May 2016: In the same place sand blew away exposing rubbish once again.
June 2016: More sand brought in with dumper trucks.
Feb 2017: Back to square one. Rubbish exposed again as the sand had all blown away as nets proved hopelessly inadequate in keeping it in place.
April 2017: New nets erected right on top of the rubbish without first covering it with sand as had been done twice before.
Nov 2017: Nets trashed by the wind.
Beginning of 2016 & Feb 2018 showing rubbish once again
exposed in the same place
Money wasted deepening the stream from the mountain.
August 2016: While the stream was running an excavator was used to deepen it but because of the fine sand it just went back to its original depth within hours of it being “deepened”.
Jan 2017: There was no sign that there had ever been a stream there because the wind had blow so much sand across it.
May 2017: A bulldozer was used to dig out another river bed for the stream even though there was absolutely no sign of any water running down from the mountain as there was a serious drought.
Nov 2017: The river bed had once again completely disappeared under tons of wind blown sand. 
The new river bed and now
For years sand blew onto the road to the Soetwater recreational area and the Council brought in a front end loader from time to time to clear it. All the nets on the dunes nearby did nothing to prevent sand getting blown onto the road and even when bulldozers and other earth moving equipment was being used nobody thought to substantially reduced the height of the dunes next to the road. Now suddenly in February 2018 nets have been erected for the first time next to the road in an effort to stop the sand blowing onto it. But they had hardly been put up when the wind had blown some over and almost buried others in the sand. And as most of them are on high ground the chances of them all being flatted or buried very quickly is huge, as this has happened all over the site in much more sheltered places.
 
What's happening here is described immediately below
 Sand being removed from the road in January 2017:
It was then dumped in the nearby Witsands carpark making double work because it had to be removed from there. The ironical part of the second picture is that some of the newly erect nets next to the road (February 2018) are beside naturally grown Port Jackson, which the council has so far flatly refused to plant to stabilize the Witsands dunes at a fraction of the cost of nets and earth moving equipment.


Surely this is the most sensible way of dealing with the Witsands site especially as the City Council badly needs money for drought relief and numerous other projects to uplift the poor. And it makes more sense that ever because
everything the Council has tried up to now to stabilize the dunes has been such a very expensive failure.

March 29 2016: In a Cape Argus article base on my post City of Cape Town’s never ending money dump Gregg Oelofse  was quoted as say: “We haven’t had litter exposed for nearly 10 years.” He added that the netting was cost effective as it was easy to pick up and move around.
Both statements were questionable. As the pictures above show the litter is constantly being exposed because the nets do not do the job they are supposed to do. In addition they are hardly easy to pick up and move around when they get complete buried and trashed by the wind. It also turned out that they rot. This results in new ones having to be erected in places where others had been put up previously.
Cape Argus story - not one of the nets shown still exist
                                              *    *    *    *
          Why does a local authority go on splurging money for years on something that clearly does not work? It surely can’t be that none of its experts haven't got the brains to realise this.
          So I can only assume there must be a reason that is not immediately apparent which nobody is prepared to reveal.   
             
          Regards
          Jon,
          a Consumer Watchdog who is 
          also a Cape Town rate payer.
      .