Gautrain takes provincial government to court over water cuts

Gautrain Management Agency has announced that it will take the Gauteng Provincial Government to court over the water cuts at the Sandton Gautrain Station.

Following the City’s defence in court, Gauteng executive mayor Harman Mashaba announced on 19 September that the City would embark on a ‘full forensic investigation’ into the sale of the land in which the Sandton Gautrain Station is built on.

In response to the statement, the Gautrain wished to clarify its stance and announce that it would be taking the City to court on 1 October.

In 2006, part of the property on which the station is located was acquired by the Gauteng Provincial Government as a public transport project. The provincial government claimed the necessary land rights, to the value of R160 million, to build and operate the Gautrain railway line.

In 2009, the City decided to sell the remaining portion of its property and enter into an agreement of sale with Cedar Park. “The Sandton Gautrain Station commenced operation in 2010 and forms part of the Gautrain project that is operated, maintained and partially financed by the Bombela Concession Company in terms of a concession agreement with the Gauteng Provincial Government,” a joint statement between Bombela and the Gautrain read.

According to the statement, Bombela therefor occupies the property to its rights of terms of the concession agreement and the Gauteng Transport Infrastructure Act, not as a tenant of Cedar Park.

“In spite of the water account for the Gautrain Sandton Station being paid full and up to date, the City has cut off the water supply to the station on 6 September due to, what we understand as, an amount of over R8 million that is allegedly owned by Cedar Park to the City,” the Gautrain agency added.

As such, Bombela will defend its stance against the provincial government in court. “We want to make it very clear that the litigation by Bombela and the Gauteng Provincial Government is not related to the litigation by Cedar Park and we, therefore, do not agree with the City’s allegation that there is a duplication of litigation and furthermore the wasting of public funds,” Kesagee Nayager, Bombela marketing and communications executive, said.

“Cutting off water to an innocent service-paying third party like Gautrain is not a way to solve legal matters and does not do the image of Johannesburg as a world-class African city any good,” Nayager concluded.

Related articles:

https://www.citizen.co.za/sandton-chronicle/236461/city-defend-decision-cut-water-supply-sandton-gautrain-station-court/