ActionSA has expressed disapproval of the Democratic Alliance's (DA) recent request to reschedule their joint court hearing from the initially agreed dates of October 3 and 4, to the week of December 2 to 6, 2024.
In 2022, ActionSA filed papers in the Durban High Court to compel Co-operative Governance Minister Nkosazana Dlamini-Zuma; Water and Sanitation Minister Senzo Mchunu; the KwaZulu-Natal government; eThekwini Municipality and others to fix the sewage crisis affecting Durban beaches.
ActionSA revealed how the metro started polluting rivers even before the April 2022 floods. IOL reported that the court papers revealed how several sewer pump stations were not repaired for months, leaving sewers to pollute rivers and the beaches.
In 2023, after ActionSA had initially filed its application at the Pietermaritzburg High Court, DA joined the process, but the Durban High Court sent back their application.
The DA was subsequently instructed by the Durban High Court judge to involve ActionSA in the case given that both parties had submitted applications for the same goal.
According to ActionSA’s provincial chairperson Zwakhele Mngwango, the DA’s move has raised concerns about their approach to the case.
Mngcwango criticised the DA for their failure to consult with ActionSA before submitting the rescheduling request.
‘’This is not just a lapse on their side, but it demonstrates a lack of respect for the collaborative nature of this case and the urgency it demands,’’ he said.
Mngwango pointed out the apparent lack of readiness and competence in the DA’s legal team, highlighting that a case of this significance demands a well-prepared and skilled legal team.
He emphasised that this situation underscores the DA’s inability to effectively manage the case.
Furthermore, Mngwango said the DA’s provincial chairperson Dean Macpherson, publicly disparaged ActionSA’s legal team, claiming they were responsible for delays in securing a court date.
Macpherson's comments, including calling ActionSA’s lawyers “mediocre” and suggesting that ActionSA should seek a refund, were described by Mngwango as disrespectful and unsubstantiated.
Mngwango has called for a public written apology from Macpherson for these remarks.
‘’It is now undeniable that Macpherson owes our legal team a public written apology for his disrespectful and baseless utterances against our legal representatives,’’ said Mngwango.
Mngwango also criticised Macpherson's understanding of legal matters, attributing his missteps to his limited educational background and inability to grasp the complexities of the litigation process.
According to Mngwango, Macpherson's comments have discredited both himself and his party.
Mngwango said ActionSA firmly rejects the DA’s attempt to delay the case further.
Mngwango stressed that postponing the case would not only disrupt the court’s schedule but also disregard the needs of eThekwini residents and holidaymakers who are expecting resolution of service delivery issues before the festive season.
‘’We are committed to ensuring that our case is heard on October 3 and 4, 2024, and 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 September 18 2024 will bring further clarity on the issue,’’ he said.
IOL Politics