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High Court orders municipality to resume services immediately, grants further interdict against strikers

The Middelburg High Court ruled in favour of local attorney Andre Brandmuller and SG Coal, in the application for a string of interdicts aimed at ending the now month-long illegal strike.

Judge Eric Mkhawane sided with Mr Brandmuller and SG Coal, with interdicting municipal employees from continuing with the strike.

During the sitting, advocates acting on behalf of the municipality, argued that SG Coal should not be joined to proceedings, despite agreeing to Mr Brandmuller’s interim order in which SG Coal, had been joined, agreed to by the municipality.

Gerrit Kruger of Kruger & Bekker Attorneys, acting for Mr Branmuller, reacted with surprise, saying the municipality had ample time to either oppose SG Coal’s joining, or requesting a postponement for SG Coal’s joinment application to be heard on the opposed court roll, where costs and the dissolution of council will be heard.

Council has 30 days from today to submit opposing affidavits against Mr Brandmuller’s request for council to be dissolved.

Strikers were ordered to stop interfering in any manner whatsoever in the service delivery of the municipality to the residents, businesses and taxpayers.
The court ordered the municipality to resume with service delivery immediately.

In regards to the SAPS’s apathy to enforce previous orders, Judge Mkhawane ordered the local police to take action to prevent any breach, or non-compliance with the terms of the order.

Mr Brandmuller’s request for an order of the dissolution of council, was postponed sine die, with the court allowing councillors and parties to supplement affidavits, where-after any party may set the matter down for adjudication.

The determination of costs, have been reserved in regards to the above postponement.

Gerhard Rheeder

I have been a journalist for two decades, with numerous awards to my credit, both in photography and writing. A brief stint as researcher in the opposition offices of the Mpumalanga Provincial Legislature, honed my skills as specialist local government reporter, covering crime and courts.
 
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