Municipality shirking responsibility
Residents say eThekwini municipality ignored their calls for trees to be cut back around their complex.
IN last week’s article in the Northglen News (Problem too big for the city) the eThekwini Municipality admitted it was liable for damages after an overgrown Jacaranda tree fell metres away from a Park Hill resident’s house, damaging her electric fencing and a boundary wall she shares with her neighbour.
Now another Durban North resident has come forward saying his complex’s electric fencing was also damaged by a falling branch in a separate incident last year. However the municipality’s parks department has shirked its responsibility by putting it down to natural causes (wind storm).
The resident, who did not want to be named, is the chairman of the Valencia complex on William Campbell Drive and said he had contacted the department 18 months prior to the accident but was ignored.
“The parks department official denied that I ever contacted him. When the branch eventually fell, the municipality showed up to clear away the debris. We pointed out there were other trees around the complex that needed to be cut back, but were told they did not have the mandate to attend to those trees.
“We filled out a claim form and submitted it to the municipality and only received a reply last month, a whole year later. The letter stated that the municipality cannot accept liability for any damages caused, as no negligence is attributable to them or any of their employees in this regard. They also said after an investigative report from the parks department, the damage was due to natural causes (wind storm) which are beyond council’s control and any inconvenience was regretted.
“Personally I feel the municipality is just passing the buck. There would not have been any inconvenience if the necessary action was taken. The cost of the damage may not have been substantial but they should take responsibility and not say it was an ‘act of God’,” he said.
The resident also said there were other trees that required attention but questioned whether more damage had to be caused before any action was taken.
There has been no response from the Deputy Head of Parks, Leisure and Cemeteries Department, Christo Swart despite repeated attempts.
