Municipality ordered to pay legal costs of failed case or risk having assets attached

If the municipality does not pay the more than R300 000 it owes pensioners Samuel Nkosi and Thoko Merriam Marule on time, these items may be sold.

The debt arose from a failed Mbombela High Court application, brought by the municipality against the pensioners.

After striking their application from the roll on March 9, the court ordered that the municipality would have to pay their legal costs totalling R312 129,22.

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The amount was to be paid by 10:00 on Thursday April 29.

However, when the municipality did not pay the outstanding amount, employees from the Sheriff’s office arrived with the intention of removing assets from the property at around 14:00 on Thursday.

By 16:00, the municipality managed to pay some of the legal fees.

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Lowvelder obtained background details on the dispute. It involved issues surrounding overflowing stormwater drains and sewage blockages.

According to court documents, the municipality had claimed that Nkosi, who has an outbuilding on his property, had caused these issues.

They alleged the outbuilding was constructed over a municipal manhole.

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Nkosi, however, in response stated the sewage issues that had been a problem for all residents living near him, had nothing to do with the outbuilding that had been on the property since 1983, and was in fact a direct result of the municipality’s inability to properly maintain infrastructure.

The municipal spokesperson, Joseph Ngala, said the municipality was unable to respond to the media query on Friday.

“This is a legal matter and it has been referred to our legal person who sadly is at home, ill.

We will, however, endeavour to supply the response in good time.”

Read Thursday’s Lowvelder for the full story.

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