Councillors Patrick Murray, Henry McCombi and Johan Koegelenberg are facing charges of corruption relating to the alleged attempted bribery of current deputy-mayor Anthony Ewerts in July 2009.
The DA councillors yesterday appeared before an Eden disciplinary hearing where it was alleged that Botha was aware of the alleged bribery and corruption.
The bribery allegations stem from the conviction of the self confessed middle man and Eden official Deon Nomdoe, who was found guilty of offering Ewerts R20 000 to vote with the DA in a 2009 fight for top positions in the district council.
The magistrates court in George last year sentenced Nomdoe to six months in jail with the option of a R 6000 fine. Nomdoe paid the fine.
In his testimony Nomdoe said McCombi asked him to offer Ewerts money to secure his vote during the July 2009 power struggle between the ANC and DA in council. He said on the morning before the council vote, both Murray and Koegelenberg handed him envelopes containg money.
Ewerts allegedly refused the bribe and did not comply with the request to vote against the ANC coalition's wishes.
Nomdoe caused a few shock waves when he produced a recording of a conversation he claims to have had with McCombi in a vehicle last year October. He apparently used his cellphone to record the conversation.
On the recording the person deemed to be McCombi tells Nomdoe that he should resign and that he will be taken care of.
It also appears that 'McCombi' has discussed the matter with Theuns Botha, and that he got a huge fright when he found out money was involved. McCombi is alleged to have said: "Sal hy nou gister hoor daar was regtig geld betrokke, toe skrik hy sy moer af".
The legal representative of council, Anton De Swart, stated that the evidence proved beyond doubt that the DA councillors are guilty of corruption.
He asked Council to recommend to the Provincial MEC of Local Government that their membership of council be terminated.
Theuns Botha said the ANC-coalition is flogging a dead horse. "They are trying to implicate me in something just to get publicity because of my high profile. I know absolutely nothing of any bribery attempt. I have ordered Wessie van der Westhuizen and Emor Nel to withdraw from the disiplinary committee as the whole procedure is against all legal principals. Should they decide on a verdict they can not be part of the council meeting that decide on the validity of the hearing's decision. You can not be part of the process and then also judge the outcome of the process. It is illegal. Therefor the hearing is a useless exercise and the ANC will never get a quorum to vote on the outcome as Stemmet, Carmichael and Bityi will not be allowed to sit on the matter.
The DA-councillors and their legal representative yesterday walked out of the disciplinary hearing claiming they had no chance of a fair hearing. They claimed that Faried Stemmet should not be on the committee as he was not impartial. Koegelenberg tried to back this up by saying that at the time of the alleged bribe, Stemmet was the ANC's mayoral candidate, but lost out to the DA's candidate, Leon Dorfling.
The hearing continued without them. Koegellenberg said he and his co-accused are planning to get an interdict in the high court to have the hearing declared unfair and to change the composition of the disciplinary committee.
Final judgment is handed down today.

A recording of an alleged conversation between DA councillor Henry McCombi and bribery middleman, Deon Nomdoe was handed in as evidence during the proceedings.
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DA councillor, Johan Koegelenberg says they are not getting a fair hearing.
Councils star witness, Deon Nomdoe, has been convicted of attempted bribery in the George magistrates court.
Eden DA chief whip, Patrick Murray is said to have also handed Nomdoe money destined as a bribe for Ewerts.
Here Murray is pictured with fellow DA councillor, Emor Nel.
Dr. Anton de Swardt, the prosecuter in the case asked that the 3 councillors be found guilty of corruption.
From the left are the disciplinary hearing committee members, Emor Nel (DA), Wessie van der Westhuizen (ID), Mayor Faried Stemmet (Icosa), Carmichael Ngalo (ANC) and Nomajuda Bityi.
ARTICLE: ILSE SCHOONRAAD
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