Old law, new law or no law?

2015-04-30 14:54

IN his letter in last week’s Fever titled “Setting nudist record straight”, the community could have been fooled by HCM Speaker Ronnie Nair, except that his spurious attempts to evade responsibility and distract public attention did not work.

Notice how he cleverly omits the name of the third person he spoke to that day. It was the direction of Nair that gave the green light to the resumption of public nudity on Mpenjati beach on 3 April. This is what happens when politics attempts to cook existing law.

Nair would therefore alleviate further confusion by addressing himself to the HCM community at large on the following thorny facts:

• The opposition to a nudist beach by majority of the local residents of the HCM have been fundamentally ignored and discarded by the municipality. This reveals the sacrifice of individual conscience, public morality and democratic principles.

• How a resolution that contravenes existing national laws and municipal by-laws gets approval at the HCM council with subsequent strategy to chisel the law later, to suit the premature provisional approval.

• Municipal by-laws, violated by naked bodies in full public view, at a public beach on the Easter weekend.

• Nair cannot specify which faith-based organisation will have their cordial relationship with the municipality strengthened or improved by the approval of public nudity at Mpenjati beach.

• Chief Nzimakwe clearly stated in our presence that the site in question is the burial ground of local ancestors and moreover the community envisions a memorial site there.

• Municipal spokesperson has indicated several times in public, that the by-law had been changed when in fact that had not yet occurred. This appears to be one of several motivational strategies for the nudists and has continued uncorrected for months.

• “Concerned Citizens of HCM” request that speaker Nair provide the community with the new by-law, Gazetted before 3 April, which replaced the Hibiscus Coast Municipal by-law (Part 2; Section 5.1 and 5.2).

• The constant assertion that the conditional approval of the nudist application was guided by the Constitution should be discarded because there is no section or provision of the constitution of RSA that approves public nudity as requested by the nudists.

• The extent of the municipality’s efforts to repackage the illegal desires of the nudists is a gloomy attempt to persuade a resenting public while excluding the Concerned Citizens of HCM from several pertinent meetings by strategically classifying those meetings as non-public.

I therefore call on Ronnie Nair, in his capacity as speaker of HCM Council, to apply a corrective measure by motivating the enforcement of all existing laws in our community, or produce copies of any changed law(s) in this regard, or declare Mpenjati a “lawless zone”.

Additionally, since public participation is the cornerstone of our democracy, the Concerned Citizens of HCM hereby challenge the municipality to accept an open public debate on this matter in order to evaporate the continuous suspicious cloud in the public domain.

Reverend Mike Effanga

Concerned Citizens of HCM chairperson

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