Makana Municipality has accused lawyers in a civil claim of being unreasonably impatient, after the Mayor's car was attached and put up for auction on Friday 23 May.
Makana Municipality has accused lawyers in a civil claim of being unreasonably impatient, after the Mayor's car was attached and put up for auction on Friday 23 May.
According to a sale in execution notice placed by Grahamstown law firm Wheeldon Rushmere and Cole in last week's edition of Grocott's Mail, the mayor's brand-new black Toyota Fortuner will be auctioned in the Magistrate's Court on 11 June. This is in accordance with a high court judgment ordering the municipality to pay legal costs in a case that started during the National Arts Festival three years ago.
Attorney Brin Brody told Grocott's Mail this week that the municipality had paid Grahamstown teacher Anne Preston R993 000 after she fell over a vehicle barrier erected around Church Square during the Festival in July 2011.
Preston, a former Springbok hockey player, broke her elbows. Makana eventually paid damages on 27 September last year.
However, the court had also ordered the municipality to pay legal costs amounting to R160 000.
"They didn't pay this," said Brody. "So we had no choice but to instruct the sheriff to attach assets. We didn't want something essential like a fire truck or electricity repair vehicle to be taken out of action and asked the Sheriff to attach something least onerous to the municipality as a whole."
This turned out to be the black Toyota Fortuner purchased for the Mayor last year.
Local dealership Settler City Toyota had to order the car especially from the manufacturer last year, as the ones in their showroom didn't meet all the municipality's specifications. Municipal spokesperson at the time, Mncedisi Boma said the dealer didn't have black and it had to be specially manufactured. The car was delivered to Mayor Zamuxolo Peter on 19 September.
Municipal communications officer Yoliswa Ramokolo confirmed this week that the mayoral car was attached after Makana failed to pay R159 000 in legal fees for Preston's case.
"The lady sued the municipality a few years ago and both parties settled in court. But since then the municipality had problems when we did not have a municipal manager," said Ramokolo.
She said the new Municipal Manager, Themba Mnguni, still needed to familiarise himself with the case, but that there was impatience from the other party.
"We confirm that there was a notice that the Fortuner will be auctioned and we will try to pay the money before the end of this month," said Ramokolo. "The municipality is still experiencing a financial crisis, but the money will be paid before the date of the auction."
