Premier, Ms Lynne Brown
20 April 2009
Soon after Ms Lynne Brown's election as the Premier of the Western Cape last
year, the Cape High Court delivered its judgment on the so-called Erasmus
Commission into alleged illegal intelligence gathering by elements in the City
of Cape Town.
The judgment was unequivocal in its condemnation of the establishment of the
commission. Premier Brown decided not to appeal against the decision, despite
having misgivings about aspects of the judgment. The decision not to appeal was
not made lightly. The decision was, inter alia, informed by the desire
to:
* minimise legal costs, which are generally high
* promote good governance and the rule of law
* foster respect for the independence of the judiciary by accepting the
judgments of the courts, except where compelling reasons dictate that appeals
should be noted
* use the judgment to consider how best to improve and enhance the efficiency
and efficacy of the Western Cape administration.
Premier Brown appointed a legal consultant to investigate the processes
followed in appointing the commission and to make non-binding recommendations.
This, too, was designed to assist the Premier to consider whether and, if so,
how best to make changes to the functioning of the administration.
The consultant finalised his report which Premier Brown has decided not to
make public. This decision has been made on the basis of the content of the
report, the findings and recommendations made against individuals, and because
affected individuals were not given an opportunity to comment on the findings
before they were made.
In making the decision, Premier Brown relied on the advice of a senior
advocate. Making the report public could subject the province to legal claims
and liabilities which it is keen to avoid.
The report has proved to be invaluable in so far as it has identified
weaknesses in the provision of services and support to the Western Cape
Executive. Premier Brown has decided to refer the judgment and report to the
Public Service Commission and to the Minister for Provincial and Local
Government for further consideration.
For more information, please contact:
Ms A Wentzel
Office of the Western Cape Premier
Tel: 021 483 2536
Cell: 083 642 2519
Issued by: Western Cape Provincial Government
20 April 2009
Source: Western Cape Provincial Government (http://www.capegateway.gov.za)
