eThekwini given 30 days to respond to Action SA on the Durban beach crisis
The High Court in Durban has given the eThekwini metro and National Tourism Ministry 30 days to file reply papers as part of the eight respondents involving Durban’s beach pollution.
Action SA dragged the government to court to compel it to fix the damaged sewerage systems which lead to waste flowing into the sea. The matter was in court for the first time on Monday.
The Action SA lawyer on the case, Gill Benson, said on Monday the matter would continue even if there were still outstanding affidavits.
Failure by two respondents to file answering affidavits to Action SA’s court papers delayed the proceedings on what was meant to be day one.
“Should they again fail to file answering affidavits, we will apply for a preferential date so that the matter can be heard on the opposed date. We are trying to escalate this,” said Benson.
Action SA said the government failed to fix the City’s badly damaged sewerage system even before the April floods in 2022.
Former eThekwini Deputy Mayor Philani Mavundla has also joined the case as a friend of the court and says he’s willing to assist with information.
Mavundla claims the failure to fix the pump stations has nothing to do with a lack of funding.
Action SA also said the eThekwini metro was not taking the crisis as seriously as it should.
Party leader Zwakele Mncwango said the City has refused to account on different occasions.
“Before we even started these court proceedings, we actually tried to engage with the city and many cases and the City was not responding to us – that is why going to court was actually our last resolution.”
Mncwango said the City’s failure to reply to its court papers shows that it is really taking the matter lightly.
“But today again is evidence that eThekwini is not serious about these issues. And I even doubt they will file their affidavit by the due date of 31 March, but we are hoping to see they do that. I don’t the City’s leadership is serious about that.”
The publication has reached out to the municipality for comment but did not receive one by the time of publishing.
-EWN
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