POLOKWANE – Even though a resident won a case against the Polokwane Municipality in the Pretoria high court in May, he is no closer to receiving compensation than when he first started his court battle against the municipality in 2011.
Jacobus Snelling was injured in 2011 when he fell on a pavement in Landdros Maré Street. When he fell, his foot became stuck in a hole in the paving. As he tried to stop his fall, he also injured his hand.
Snelling was represented in court by Thomas Grobler and it was proved that he did indeed have a case against the municipality. The high court ruled that Snelling be paid R200 000. Grobler said the claim Snelling had against the municipality was based on the fact that the municipality had a legal duty to ensure the pavements were properly maintained. To date, no payment by the municipality has been received. Grobler further said he wrote a letter to the municipality but still did not receive any reply from the municipality on when the money owed would be paid.
He said the Pretoria high court then sent a letter to the Polokwane Sheriff of the Court on Thursday, June 18 stating that he was directed to attach and remove the movable goods of the Polokwane Municipality and take it to public auction to raise the sum of R200 000 together with interest (15,5% per annum) on the amount calculated from the ruled date of payment of May 11 this year.
Snelling again did not receive any feedback or the money owed and yet another letter was sent to the municipality by Grobler on Thursday, June 25 to request the money be paid before Thursday, July 2. Failing to do so would cause a letter of immediate execution to be sent to the Polokwane Sheriff of the Court, the letter further stated.
Grobler said by winning this case it proved that the municipality could indeed be held responsible for not looking after the pavements and sidewalks in the city. He also said that the case could be instrumental in other cases being opened against the municipality when it came to damages suffered by residents and business owners when the roads were not maintained.
