Municipality loses court case
The judgment states that the appointment of the contractor is set aside by the court order and any form of profit is taken away from the contractor
AfriForum won the court case against Abaqulusi Local Municipality regarding a contractor who cut down and sold the timber in a plantation that belongs to the municipality. The municipality appointed a contractor to look after the plantations at Grootgewacht Dam as a caretaker. According to AfriForum, this appointment was illegal. It is said that the contractor later began to cut down the plantations and sell the timber for its own profit. Members of AfriForum’s Vryheid branch heard about this and immediately took action to stop the illegalities.
According to André van der Walt (chairperson of AfriForum’s Vryheid branch), there was no proper agreement in place to determine which plantation could be sold at what price. “This was actually just a way in which members of the council and municipality could get their friends in to enrich themselves, and this fact is also reflected in the judge’s ruling.”
The judgment states that the appointment of the contractor is set aside by the court order and any form of profit is taken away from the contractor. Furthermore, Abaqulusi Local Municipality must conduct a survey within 30 days, in consultation with specialists, about the exact value of the wood that was harvested. The municipality must submit this report to the court and to AfriForum to ensure the accuracy of the report. AfriForum won this case with costs.
AfriForum has the right to draw up a report itself to make sure that no further irregularities take place. After consolidation, the contractor must repay the agreed amount to Abaqulusi Local Municipality and must also report to the court and AfriForum about its progress every 60 days.
“It is a shame that local municipalities are abused by politicians, their friends and family to line their own pockets. The assets that are looted here are essential to improve the conditions of residents and taxpayers, and we cannot just watch as the looting continues,” says Eugene van Aswegen, AfriForum’s provincial co-ordinator for KwaZulu-Natal.
“It is clear that illegal decisions and irregularities are taking place within Abaqulusi Local Municipality, and AfriForum is considering making further complaints against the parties in these illegal actions.”
The Vryheid Herald sent an email to the municipality for their comment, but at the time of going to print, no response had been received.
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