The DA has brought an application to the Pietermaritzburg high court for an order to force eThekwini Municipality to submit its full, completed answering affidavit in relation to the party’s court case over the city’s sewer problems.
In March this year, the party filed papers in the Pietermaritzburg high court to compel the municipality to come up with a court-approved action plan to address the continued sewage crisis that has overrun the city.
ALSO READ | Sewage plagues city
In a press statement issued on Tuesday, DA KZN chairperson, Dean Macpherson said the municipality was supposed to file its complete response to the party’s application by June 15 but it has not done so.
It has, therefore, made it impossible for the DA to respond to the municipality so that the case can proceed to the opposed roll and be argued before the court.
He added that this is no doubt a deliberate attempt by the municipality to frustrate and drag out this case in the hope that the DA’s matter will not proceed.
“We have given the municipality until August 9 to file its complete papers and 10 days to file its answering affidavit,” said Macpherson.
Should the municipality fail to do so, the DA will immediately move to have their opposition to the case struck off the court roll. It will also seek an order that the party’s relief be granted without delay. The DA will also ask that costs in the matter be paid for by the municipality.
“This level of disrespect for the court is what residents in eThekwini experience daily. We will not allow this situation to drag on for any longer than it has,” said Macpherson.
He said if the municipality has nothing to hide then it should have no problem in filing its papers and proceeding to have the case heard.
The DA said in the latest papers to be filed, while eThekwini Municipality met the deadline to file their papers, the documents were incomplete and they were ordered to complete the documents.
ALSO READ | Msunduzi’s stinking sewage shame
Despite filing a notice of opposition, which indicates intent to oppose the proceedings, the municipality then failed to comply with submitting complete documents.
“The municipality has disobeyed a court order without explanation, therefore acting unconstitutionally, and have prejudiced the rule of law,” said the party in the court papers.
The DA added that, due to the municipality’s non-compliance, a hearing cannot be granted and the determination of the application has been delayed.
eThekwini Municipality did not comment on the matter by the time of publication.