ActionSA claims that it is not surprised that the DA had written a letter to the Durban High Court, where it requested a rescheduling of its joint hearing from October 3 and 4 to the week of December 2 to 6 2024.
Herman Mashaba stated that the DA claimed that it was not prepared to be part of the October joint hearing.
ActionSA took the City of eThekwini and the minister of tourism to court in 2022. The matter was over the ongoing sewerage crisis that has seen raw sewer spilling into Durban beaches.
DA joined ActionSA’s application in 2023, after it had initially filed its application at the Petermaritzburg High Court. However, their application was sent back to the Durban High Court.
The judge in the Durban High Court then told the DA that it should join ActionSA in the matter. This as both parties had applied for the common purpose.
DA arrogance blamed
ActionSA’s provincial chairperson Zwakele Mncwango said: “From the outset, the DA’s arrogance is evident.
“They failed to consult us before submitting this request to the court. This despite both of our cases being scheduled to be heard simultaneously.
“This is not just a lapse on their side. It demonstrates a lack of respect for the collaborative nature of this case and the urgency it demands.
It is unsurprising that the DA’s legal team is unprepared to present their case on the agreed dates. A case of this magnitude requires a highly capable legal team. And the DA’s current actions indicate a lack of readiness and competence to handle the matter.”
He accused the DA’s provincial chairperson Dean Macpherson of consistently misleading the public. This by claiming that ActionSA was unable to secure a court date.
“[Macpherson] went so far as to insult our legal representatives. He referred to them as ‘mediocre lawyers who can’t even secure a trial date’ and advised that ActionSA should seek a refund for their services.
“It is now undeniable that Macpherson owes our legal team a public written apology. This for his disrespectful and baseless utterances against our legal representatives.
“It is also evident that Macpherson struggles to read for meaning. This may explain why he continues to make blunders throughout this litigation process.
Proof of poor education qualifications
“Possessing only a matric as his highest level of education, Macpherson appears unable to comprehend the complexities of legal processes.
“His premature comments on the litigation have done nothing but embarrass himself, his party, and his ministerial position,” said Mncwango.
Macpherson is currently the Minister of Public Works and Infrastructure.
ActionSA stated that it was vehemently rejecting DA’s attempt to further delay this case.
“It is unacceptable that the DA seeks to postpone a matter that must be resolved before the start of the festive season.
“Not only would a delay disrupt the court’s schedule. It would also show complete disregard for the residents of eThekwini and holidaymakers. They… are expecting resolutions to critical service delivery failures before the festive period commences.
“ActionSA will not allow the DA to further stall or obstruct the delivery of services to the people of eThekwini.
“We are committed to ensuring that our case is heard on the 3rd and 4th of October 2024. And we will not tolerate any further delays that impact the lives and well-being of the people we serve.
“We hope that a further pre-trial conference with the court on 18 September 2024 will bring further clarity on the issue.”
Publicity stunts and grandstanding
In its response to ActionSA, DA in the province said it had noted the [chaotic] statement issued by Mncwango. Where he is accusing it of deliberately delaying the crucially important sewage court case.
“Last week, the municipality filed a 2,500-page response to our case. And suggesting …that any legal team could be fully prepared to argue that in three weeks only proves how mediocre and unprepared ActionSA is for this case.
“They may be prepared to lose the case so long as they gain a few headlines. But the DA is certainly not. ActionSA should be ashamed as they would be prepared to risk the money they have fleeced from the public to fund their case,” said the DA in a statement on Tuesday.
DA also claimed that ActionSA was throwing publicity stunts and grandstanding.
