Durban - The six vehicles attached by the sheriff of the court from the Ndwedwe Local Municipality in KwaZulu-Natal have been returned following a court ruling which favoured the municipality.
The sheriff had seized the fleet two weeks ago after the municipality failed to pay R400 000 to the service provider it allegedly owed.
The mayor, Sam Mfeka, told the Daily News all vehicles had been returned following the court order on Friday.
He said the court found the service provider was wrong to obtain the order to attach the vehicles while the matter was still pending in court, adding when the sheriff came to seize the vehicles, the municipality was already in possession of a notice to appear in court on May 13 to defend itself.
Mfeka added the municipality was not even bothered by the matter because it had never had an agreement with the service provider and was surprised how he obtained the order in the first place.
He confirmed the municipality was a second respondent in the matter.
“We are happy that our vehicles are back. We have always maintained that we never owed this service provider but we are going to prove that in court next month,” said Mfeka.
He had last week said the municipality terminated the agreement with the service provider over some differences and was surprised when the court granted permission to attach goods to a company that had no agreement with the municipality.
He said the municipality had lodged an urgent court application to retain the vehicles.
He confirmed the municipality paid the R700 000 for fencing which was quoted by the sub-contractor, adding the money was paid to the main contractor who was the one that had a tender with the municipality to renovate the Mandlakazi sports field.
He said the municipality had awarded a service provider to renovate the ground who, in turn, sub-contracted to the one who attached the six vehicles.
He added the main contractor was supposed to pay the one he had subcontracted but he heard he only paid R300 000. He said the sub-contractor was supposed to demand his payment from the person who gave him the job, not the municipality.
He said the municipality would investigate why the matter was not defended.
Daily News