Following the ruling by Johannesburg High Court in his favour, an Eastleigh businessman urged other businesses to take action against Ekurhuleni Metropolitan Municipality.
Stephen Prophet, CEO of Fluid Power in Eastleigh, took EMM to court on June 22 for failure to address problems with Eastleigh Spruit following the November 9 floods.
The court ordered EMM to provide a solution to remedy the problem by June 29. Despite this ruling, the municipality failed to do so by the deadline set by the court.
The court ruled that failure by EMM to provide a solution, gave Fluid Power the authority to fix the river-bed and walls of the spruit at the cost of EMM.
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The NEWS previously reported, that Fluid Power took legal action after it received a letter from its insurance provider on May 24 to inform the company to remedy the spruit and if failed to do so, the insurance provider would no longer cover storm or spruit-related claims.
Fluid Power has since, with the assistance of its legal council and Edenvale ward councillors, held a meeting with Eastleigh businesses on July 12 at the Edenvale Chamber of Commerce.
Prophet said the meeting was held to assist other businesses which faced similar problems with the spruit.
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He expressed disappointment at the response from EMM, which was only presented to the company on July 5, after the June 29 deadline determined by the High Court.
“Clearly the EMM is in contempt of court. Our building won’t last the next rainy season. We had to take drastic action,” said Prophet.
“Something needs to be done about the spruit before the rainy season begins,” said Ward 19 Councillor, Bill Rundle.
Shawn van Heerden, Managing Director at Ramsay and Webber Attorneys, Notaries and Conveyancers, appealed to other businesses to get involved.
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“I have had numerous encounters with EMM and know how the municipality operates,” said van Heerden.
Van Heerden said Fluid Power’s next course of action would be to hold EMM in contempt of court.
He said Fluid Power had done a lot of the ground and preliminary work which could assist other businesses if they sought to take legal action.
“The precedence has been set,” emphasised van Heerden.
He suggested two courses of action: either take action as a group or as individuals.
No matter the course of action, van Heerden highlighted that each business would have to be assessed on its own merits.
Van Heerden told the business representatives that if anyone wanted to take legal action, he or she would need to provide a comprehensive and chronological history of the spruit-related problems his or her business faced over the years.
“Not enough has been done. We need more attenuation dams to slow down the water flow,” said Ward 18 Councillor, Heather Hart.
Member of Parliament, Mike Waters, said although he has already asked questions in parliament regarding the Eastleigh Spruit and had received limited responses, he would continue to ask seek answers.
