Sherif seizes TCM cars to settle damage claim
In August 2014, exactly two years ago, the sheriff also attached and removed four tractors, three trucks, five bakkies, two trailers, 20 computers, 20 tables and 20 chairs.
LYDENBURG – Last Monday the sheriff laid claim against seven municipal vehicles to the combined value of R790 000 after Thaba Chweu Municipality (TCM) again failed to honour a payment agreement.
The attachment of its municipal goods comes after TCM did not adhere to a payment agreement for damages and medical expenses incurred after a man hit a pothole with his motorcycle in 2011 in Viljoen Street.
The attorneys for the plaintiff, Pieter Nel Attorneys in Mbombela, obtained a court order in the Pretoria High Court which issued a warrant of execution for the moveable goods of TCM. The sheriff was directed to attach and take into execution the movable goods of the municipality to be sold on public auction for the sum of R880 731,52 plus interest at a rate of 10,25 per cent per annum.
According to Mr Juan Terblanche of Pieter Nel Attorneys, the accident in which Mr Charles Collin Bond sustained injuries and damages happened in 2011. “TCM accepted a percentage of accountability for the damages and medical expenses that Bond incurred when his motorcycle hit the pothole. They, however, failed to make payment and thus we applied for the warrant of execution.” Bond was a resident of the town at the time, but has since moved.
Last Monday Sheriff Mr Elias Mohlahla wrote up the seven vehicles to be sold on public auction should TCM fail to pay the said amount or declare a dispute. These include two Nissan bakkies, a GWM bakkie, a Toyota bakkie, an Izsuzu bakkie, a Ford bakkie and an ML Mercedes Benz.
All these vehicles listed on the inventory, except the ML Mercedes, are being used by officials for official municipal work. The Mercedes is said to belong to the mayor, Ms Selina Mashego. This is not the first time that TCM’s vehicles have been attached for not honouring payments.
In August 2014, exactly two years ago, the sheriff also attached and removed four tractors, three trucks, five bakkies, two trailers, 20 computers, 20 tables and 20 chairs. These were later sold on public auction where TCM sent in ghost bidders to outsell all other bidders, and in the process bought back all its repossessed goods. The newspaper sent queries to TCM about the attached goods.
Communications manager for TCM, Mr Puleng Mapheto, said that the plaintiff sued the municipality for an amount of R1 100 914,40 of which the court at trial made a ruling that the municipality was granted an apportionment of 20 percent of the total amount claimed. “Therefore the court made a ruling for damages only. As per the court rules and procedures, the sheriff served the municipality with the warrant of execution for the purpose of the order made.
There is no agreement made by the municipality to pay any amount, but an order of court is made for the damages. Further note the matter is being attended by the legal representatives of the municipality at this stage who are currently corresponding with the plaintiff’s attorneys.”
