High Court backs Tugela ratepayers, orders Mandeni municipality to enforce by-laws

A landmark ruling by the Durban High Court will have far-reaching implications for municipalities that fail to carry out their constitutional duties to ratepayers. 

The Tugela Mouth Ratepayers’ Association (TMRA) was granted an application on December 23 to secure enforcement of the Mandeni by-laws by municipal authorities and the police. 

The ruling is a victory for ratepayers who have been embroiled in a long-running battle with the municipality for not living up to its constitutional obligation to maintain a safe and healthy environment for the community. 

In November 2019 the TMRA turned to the courts to solve what it believed was a crisis of governance in the small North Coast town.

According to their legal consultant Ben Vorster, failure to enforce by-laws prohibiting drinking on beaches and public open spaces has contributed to the steady decline of the once popular fisherman’s paradise and family holiday destination. 

The problem of drinking in public and drunken disturbances has plagued the town day and night for the past few years, forcing a number of tourist facilities to close permanently.

Vorster said every morning the main beach car park was littered with alcohol bottles and discussions with local authorities achieved nothing.

“The TMRA has appeared in court 5 times regarding the lawless behaviour that included public drinking and driving, assault, the firing of weapons in public, urinating in public and the vandalising of public property.”

This failed to fix the problem as the municipality ignored the court’s previous instructions and appealed the decision. 

“We were forced to return to the court in a separate application forcing compliance with different legislations and focusing specifically on Covid regulations and the impact on tourism,” said Vorster. 

Judge Dhaya Pillay ordered Mandeni municipality and the minister of police to implement and enforce the municipality’s beach amenities by-laws as gazetted on October 15, 2020 and the provisions and regulations of the Disaster Management Act. TMRA were represented by attorney, Jacques Roos.

It is not known if Mandeni municipality will appeal the decision.

“Going forward we hope to set up a meeting with the town officials to seek a final solution to the problem as after 5 High Court appearances I think both the courts and the 2 respondents have acknowledged that there is a problem in Tugela Mouth.

“Failing a positive result from the proposed meeting, the court order is a final order and we are allowed to supplement our papers to court.

“This means we must show the problems still persist and can then ask for a contempt of the court order plus an order towards costs,” said Vorster. 

Vorster added that once the alcohol ban and tighter Covid-19 regulations were lifted, it remained to be seen if the town would remain quiet and orderly. 

While the case sets a precedent for other towns it does not provide them with relief, as the order only deals with Mandeni municipality and Saps.

However, Vorster said should other beach towns have similar problems and they decide to take the legal route to find a solution, they can now reference the Tugela Mouth case.

Last month lobby group Organisation Undoing Tax Abuse (Outa) called for ratepayers to force municipalities to account for where their rates and taxes were going, and follow in the footsteps of others who have had their municipalities legally forced to ensure service delivery was not interrupted. 

The issue of by-law enforcement reached a boiling point in Ballito last year when the business community threatened KwaDukuza municipality with a rates boycott if calls for better policed beaches were not met.

Law enforcement was beefed up and Ballito had an orderly holiday season until December 29 when beaches were closed due to lockdown restriction.