Tugela ratepayers take on council and SAPS

A David and Goliath battle is looming as the Tugela Mouth Ratepayers Association prepare to take Mandeni municipality and SAPS to court over failure to enforce policing of laws.

The court case set for March 6 reflects the broader discontent of the residents of the small town who have been plagued with a myriad of issues including poor service delivery, infrastructure woes and drinking in public infringement of by-laws.

Should the high court rule in favour of the ratepayers association, the ruling will have far-reaching implications for municipalities who fail to carry out their constitutional duties.

This will also be the first case of its kind in the province.

Last year the Tugela Mouth Ratepayers Association turned to the judiciary to help solve issues the ratepayers had against the municipal council for failing to fulfill its constitutional mandate.

The court order obtained on November 26 instructed the municipality to provide the residents with their right to the provision of services, which included enforcement of laws promoting a safe environment for its community.

However, according to the Tugela Mouth Ratepayers Association, the intervention failed.

The municipality ignored the instructions of the court, forcing residents to return to the court to help solve the crisis.

According to the ratepayers association the local council failed to provide measures to regulate conduct on beaches and beach areas and to prohibit certain activities or conduct on beaches and beach areas.

The ratepayers said the problems around drinking in public has plagued the town for the past few years and despite appealing to law enforcement to assist, no measures to assist have been taken by the Mandeni municipality.

According to Ballito attorney Jonathan de Wet, South Africa’s constitution stipulates that local government must ensure the provision of services to communities in a sustainable way and promote a safe and healthy environment.

Failure by a municipality to promote a safe and healthy environment for its community is deemed unconstitutional.

This is not the first time the troubled municipality, which falls under Ilembe District, has been put under the spotlight.

The municipality has been plagued with accusations of rampant corruption and maladministration which has had a direct effect on service delivery.

In 2010, former KZN MEC for cooperative governance and traditional affairs, Nomusa Dube, launched a forensic investigation into the affairs of the municipality.

The move was triggered by allegations of maladministration, fraud and corruption.

Matters under investigation included allegations on procurement and tender irregularities, theft and nepotism.

Last year scores of Mandeni residents took to the streets demanding the removal of the mayor, accusing him of corruption and maladministration.

Responding to questions from the Courier, Mandeni municipal manager, Sizwe Khuzwayo, confirmed that the matter was set before the Durban High Court.

“It must be noted that the matter remains sub judice and hence one is not in a position to divulge further details. However the municipality, by virtue of the application submitted to the High Court against it, will have to respond accordingly,” said Khuzwayo.

Download The North Coast Courier mobile app, now available free from the Apple iStore and on Google Play, for IOS and Android phones.