In a significant development at the Sol Plaatje Municipality, the sheriff of the court is expected to seize two official vehicles belonging to top officials following a court-ordered writ of execution.
The two vehicles used by the mayor and the speaker have been attached to recover debts owed to Makone Consulting Engineers for services rendered.
The engineering company was appointed by the municipality as a consulting engineer for the reconstruction of toilet top structures in certain areas of Kimberley, for which the municipality owed it R806 500.57 plus interest thereon.
The recent court litigation related to the municipality that had sought from the court to put a stay on the initial writ of execution issued during June last year, interdicting the removal of the vehicles from the municipality, which was to be carried out by the sheriff of the court.
According to the court documents, the municipality argued that there can be no prejudice to Makone should the vehicles remain in the possession of the municipality until the date of a sale in execution.
On the other hand, the municipality also argued it would “suffer irreparable harm if the vehicles are removed in that the particular vehicles are used by the mayor and speaker and without these vehicles, service delivery will be impaired (and that) taxpayers will have to cough up for the storage fees of the vehicles before the sale thereof”.
In judgment, Judge Cecile Williams said: “In its founding affidavit, the municipality states that it will suffer irreparable harm in the form of paying unnecessary storage and the impact on service delivery if the vehicles were removed… No explanation is given as to the impact the execution of the writ would have on service delivery.
“It cannot be that there are no other municipal vehicles which these officials can use in performing their duties. Likewise no information has been given as to the costs of storage. The applicant has furthermore failed to show that Makone is a “man of straw” and that it would not be able to recoup such losses in the event a rescission of the default judgment is granted.
“Meanwhile, Makone, who has done everything according to the Rules, is expected to wait for payment of the judgment debt until the rescission application is finalised. In my view, the municipality has failed to show that it would be in the interest of justice to have the execution suspended,” said Williams.
Last year, the municipality was downgraded to a Category 4 municipality due to escalating financial challenges, including owing Eskom more than R1 billion for bulk electricity. The downgrade came amid the ongoing poor state of water and sewerage systems, in addition to a critical lack of bulk infrastructure.
Enquiries to the municipality had not been answered.
