High Court rules against EMM in spruit case
"If EMM fails to comply with the order, it will be in contempt of a court order, which is a criminal offence,"
Stephan Lehman
The Johannesburg High Court has ruled in favour of an Eastleigh business, granting its owner the authority to remediate part of the Eastleigh Spruit at the Ekurhuleni Metro Municipality’s (EMM) cost if the metro fails to do so.
This comes almost eight months after the November 9 floods during which the business, Fluid Power, suffered damages to its property.
Steven Prophet, CEO of Fluid Power, said it will cost about R763 000 to repair the spruit.
He said this amount will be used to install a length of gabions, 41 metres long and 3.3 metres high, along the spruit.
It was decided by the court that EMM had to provide a solution on how to remedy the Eastleigh Spruit within seven days of the ruling, handed down on June 22.
“The metro is compelled to rectify and repair the riverbed and river walls,” explained Gerhard Human, attorney and associate of Ramsay Webber, who represented Fluid Power.
“EMM was compelled to take all necessary steps to prevent any flooding of the ‘river’ to Fluid Powers’ premises and were ordered by the court to provide feedback to Fluid Power on how the spruit would be rectified,” said Human.
If a solution is brought forth by the metro, the departments of agriculture and rural development and water and sanitation “are directed within 14 days to make a decision regarding any application made by EMM for a licence for water use”.
Human said if the metro fails to provide a solution, Fluid Power may rectify and remediate the river bed and walls at the cost of the metro.
“If EMM fails to comply with the order, it will be in contempt of a court order, which is a criminal offence,” said Human.
When the NEWS spoke to Prophet on June 27, he had received no feedback from the EMM.
Prophet said if the metro does not take action he has to make a decision on what to do by the end of July.
“By October we will get our first rains. In the one quotation I received I was told the project will take two months to complete,” said Prophet.
Prophet was prompted to take the matter to court after he received a letter from the business’ insurance provider that they would no longer provide cover for storm and spruit related claims.
The insurance letter was delivered on May 24.
In the letter it was stated that Prophet had 30 days to remedy the river otherwise the insurer will stop covering his premises.
“EMM should have come to our [businesses’] aid and assistance,” said Prophet.
“The municipality has done all the paperwork to address the spruit and I commend them for it but they have not come full circle,” said Prophet.
Prophet said the legal fees for this matter are about R155 000.
He explained that the November 9, 2016, flood was not the first time the water rose to drastic heights.
“Over the years, the water in the spruit has touched the Central Avenue bridge about 50 times without any damage,” explained Prophet.
On the day of the November floods, like many businesses and homes near the spruit, Fluid Power’s workshop was one-and-a-half metres under water.
Prophet said he would just like things to go back to “normal”.
“It has been an unnecessary and unwanted expense and experience,” said Prophet.
Human added that the matter will be set down at a later date again, to argue costs.
A request for comment was sent to the metro on June 28 at 1.50pm. Comment was requested by June 30 at 2pm. At the time of going to print no comment had been received.
A request for comment was also sent to attorney Steven Maluleke, who represented the EMM. The request for comment was sent on June 29 and a response was requested by July 3 at 9am.
At the time of going to print no comment had been received.
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