Municipality pays R300k in legal dispute

The City of Mbombela Local Municipality has paid the R312 129 it owed in legal fees stemming from a legal dispute between the municipality and two KaNyamazane pensioners.

The dispute, according to court papers, concerns pensioners Samuel Nkosi and Thoko Merriam Marule regarding overflowing storm-water drains and sewage blockages.

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

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While the urgent application has bee struck from the roll, the initial application is still in court and will be heard on July 22.

After striking their application from the roll on March 9, the court ordered that the municipality had to pay the legal cost of R312 129.

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. It was later stated that the full amount had been paid, however, the municipality still owes money for costs to the Sheriff in the form of execution fees.

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Lowvelder obtained background details of the dispute. According to court documents, the municipality claimed that Nkosi, who has an outbuilding on his property, had caused the issues.

They alleged the outbuilding was constructed over a municipal manhole.

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 previously that the municipality would not be able to respond to queries surrounding the dispute as the matter was still in court.

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