Another brick in the wall as interdict fails
Construction of a wall on Drakensberg Street was completed this week, after the Mpumalanga circuit of the Pretoria High Court did not grant the provincial Department of Public Works, Roads and Transport (DPWRT) an urgent interdict against its construction.
WHITE RIVER – According to the court documents, the saga started in June last year, when NAD started building without the department’s permission. The department informed the builders of this on June 16 and directed them to stop, which they did until April 28.
In September Van Niekerk applied to have the restriction relaxed, based on an agreement it had reached with Recoleta’s homeowners’ association. The DPWRT said this is not binding.
Residents of the estate tried to stop construction on May 3. They were threatened with legal action should they not stop interfering. Acting for the homeowners, Richard Spoor said in a letter dated May 6 that the municipality had no jurisdiction.
Again, the DWPRT issued an instruction on May 16 that NAD cease construction, but it did not, and instead assembled “a large number of workmen” working from dusk to dawn including weekends, to complete the wall.
Caz Dry, attorney for Van Niekerk, said, “The court held that the urgent application brought on behalf of DPWRT against our client was not regarded as urgent and was struck from the roll. DPWRT was ordered to pay the costs incurred by my client. For the record, the construction of the approximate 690-metre wall has been completed.”
He added that since the department indicated it would lodge a substantive application, the matter is sub judice and it was not at liberty to divulge any further details.
