Westville Ratepayers Association vows to continue oversight after court ruling
Asad Gaffar, the chairperson of the EThekwini Ratepayers Protest Movement (ERPM) and Westville Ratepayers Association said they will continue to hold the city accountable and advocate for the responsible management.
Image: Tumi Pakkies/ Independent Newspapers
The Westville Ratepayers Association (WRA) say they will continue to push for oversight in the eThekwini Municipality despite the Durban High Court dismissing their application to declare he rates charged for the financial years from 2005 to 2008 unlawful and not due to the municipality.
According to the municipality the application was occasioned by an investigation report commissioned by the WRA which found that the municipality did not comply with all relevant legislation which required it to publish the rates promulgation in the Provincial Gazette.
The municipality stated that they disputed this and contended that it had complied with the Municipal Finance Management Act (MFMA) and published the promulgation in the Gazette.
According to the municipality, the Judge who presided over the case on Tuesday stated that this assertion was not disputed by the applicant.
'Furthermore, the Judge said that leaving aside that the application was based on a meritless investigation report, I disagree with the applicant that the municipality was obliged to comply with all relevant legislation in promulgating rates,' the municipality stated.
Reacting to the judgement, eThekwini Municipality Mayor Councillor Cyril Xaba, said the municipality welcomed the judgement as it demonstrates the city's commitment to conduct its business within the framework of the law.
'Residents must rest assured of our commitment to run a clean, accountable and transparent administration,' said Xaba.
Xaba added that he strongly believed in the constructive resolution of disputes and that if residents are not satisfied with the manner in which the municipality runs its affairs, his door remains open for engagements.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Next
Stay
Close ✕
Asad Gaffar, the chairperson of the WRA and the eThekwini Ratepayers Protest Movement (ERPM) said they were disappointed but undeterred by the recent dismissal of its main application regarding the rates promulgation matter.
Explaining further, Gaffar said that although the WRA's application to strike out certain contentious portions of the City's answering affidavit was however successful, it ultimately did not sway the result in the main application.
'Despite the outcome in the main application, we remain committed to championing good governance, ethical leadership, and curbing fruitless and wasteful expenditure. The municipality's infrastructure continues to deteriorate at an alarming rate, with water loss reaching a staggering 58%.'
Gaffar went on to state that the 2025/2026 budget is unrealistic, unachievable, and unaffordable. Gaffar said that public participation was inadequate, rendering the process a mere formality.
'We welcome the mayor's open door policy and agenda for renewal, but actions speak louder than words. Ratepayers deserve transparency, accountability, and effective governance. We will continue to hold the city accountable and advocate for the responsible management of our resources,' Gaffar stated.
Gaffar further stated that the absence of a cost order against the association acknowledges the public interest in this matter.
'The outcome is neither a win for the city nor is it a loss for the Westville Ratepayers Association. Together, we can demand better governance and ensure our city's resources are used effectively,' Gaffar said.
zainul.dawood@inl.co.za
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles

IOL News
3 days ago
- IOL News
Zandile Gumede's lawyer claims State has ignored court order in fraud investigation
Former eThekwini mayor Zandile Gumede and her spokesperson, Siphelele Jiyane, outside the Durban High Court. Image: Tumi Pakkies / Independent Newspapers It has been 10 days since the Durban High Court issued an order compelling the State to disclose evidence regarding a fraud investigation into former mayor of eThekwini, Zandile Gumede. However, her lawyer says the State has not honoured the court's order. Gumede is currently on trial with 21 others for money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the R320 million Durban Solid Waste (DSW) tender. The evidence sought by the defence is a report done by Masama Consulting, which found that the appointment of the Integrity Forensic Solutions (IFS) was unlawfully made by eThekwini's City Integrity and Investigations Unit (CIIU). According to the evidence before the court, CIIU received a stack of documents alleging irregularities in the DSW tender. The IFS was then hired to look into it. Following an investigation by the IFS, the Hawks were given the case, and arrests were made. On Friday morning, Gumede's counsel, advocate Jay Naidoo SC, told the court that the 10 days had passed and the State had not given him anything. Counsel appointed by the National Prosecuting Authority (NPA), advocate Reshma Athmaram, told the court that they were waiting for the eThekwini city manager's response. 'Two days after the order was issued, the investigating officer served it to the accounting officer (city manager), and we haven't received a response,' she said. Judge Sharmaine Balton said the municipality should comply with the court order. Balton said the State needed to give the defence, among other things, a whistle-blower report dated May 9, 2023, the forensic investigation report, together with all annexures compiled by Masama Consulting (mostly referred to as the Masama report), and the CIIU's recommendations on actions to be taken. Additionally, she said a copy of the record of the disciplinary proceedings instituted against the CIIU's top investigator by the municipality should be made available to the defence. She added that a charge sheet served on the CIIU investigator and the outcome of the disciplinary tribunal must be given to the defence. Additionally, the matter was postponed to Monday as the new witness, Zithulele Mkhize, did not take the stand. This was due to the 13th accused, Mkhize, being sick. His counsel, advocate Willie Lombard, told the court that his client was sick and handed in a medical report. He submitted a copy and an original medical report.

The Herald
3 days ago
- The Herald
Several successful projects unveiled by MDBA
Since it was established in 2003, the MBDA flourished and it did so due to an enabling and stable political environment, an era predating coalition government. It is important to remember that the MBDA is intrinsically linked to its shareholder through several accountability measures, and all of these are founded on two key pieces of legislation, the Municipal Finance Management Act No 56 of 2003, the Municipal Systems Act and various regulations that set the tone for accountability. The legislation gives council the authority to appoint the accountability structures, the board of directors, the members representative committee and equally important, the independent audit committees, and council has the sole means to hold them to account. The establishment of audit committees in municipalities and municipal entities is a critical requirement under the Municipal Finance Management Act (MFMA) to ensure sound financial governance. As part of their responsibility for financial administration, accounting officers (CEOs) must take all reasonable steps to establish and maintain effective, efficient and transparent systems of financial and risk management, internal control and internal audits that adhere to prescribed norms and standards (sections 62 and 95 of the MFMA). Furthermore, Section 166 (1) of the MFMA mandates that every municipality and municipal entity must have an audit committee, which plays a crucial oversight role. It is evident that these structures and accountability measures are at the disposal of the parent municipality to exercise control over the entity. In addition, the Acts also encourage meaningful public participation and stakeholder engagement in the activities of local government, and that is why platforms such as this are necessary, to keep the citizens and ratepayers informed and involved. When I joined the MBDA in June 2023, the entity's plans for the 2023/2024 financial year were already set and in motion. I accepted that I would work with what I inherited while rebuilding and refocusing the entity for the following year, 2024/2025, the financial year we are currently in. Our goals for 2024/2025 are lofty, and that is to achieve record institutional performance in terms of budget expenditure and service delivery focused key performance indicators ( KPIs). We adopted the 95% budget expenditure performance framework as it applies in our sector, and I am happy to report that we are firmly on track. However, there are only two impediments that are now beyond our control, they are the termination of the construction contract related to Moore Dyke due to disputes with the contractor, and the capital funds earmarked for multipurpose centres that are wholly inadequate and cannot be spent fruitlessly. As evidenced this week, on Tuesday we held the official handover of the Helenvale Extension 12 community park developed at a cost of nearly R4m from a co-funding agreement between the municipality and the German Development Bank, KFW. The park is set up to promote safety and peace and planted with indigenous fauna that is self-sustainable. The work included the construction of a seated pavilion area, paved pathways, a five-a-side and netball court, children's play area and outdoor gym facility. This milestone was achieved due to improved focus on project delivery and accountability we introduced, known as the 'war-room' with one main objective, to unblock and troubleshoot project management. On June 11, we will unveil yet another key community development project that has reached completion and is ready for use. The New Brighton community waste drop-off site came from pleadings by the community through the ward councillor and was facilitated with the assistance of the public health directorate. The project is a solution to rampant illegal dumping in the area which creates health hazards. We also recognised this as an opportunity to turn waste into economic potential, so we trained community co-operatives that will be managing the site in partnership with the municipality. Built at a capital cost of R5.5m, the project created much-needed work opportunities in that community and will provide a lasting solution to illegal dumping. On the tourism asset development front, the St Peters Rainbow Village will finally open to receive local, national and international visitors. By securing the property, the MBDA could protect the heritage of the area and restore some dignity for those who called South End home for decades. The remains of the church represent one of the last remaining structures from the 1960s forced removals. Going beyond the restoration of the old church, we have created a unique and must-see tourism offering that will appeal to all markets. The rehabilitated St Peters Rainbow Village now offers a space for outdoor events, educational and community activities, a small amphitheatre, and the opportunity for guided tours celebrating South End's rich history and culture. Also, in June, as part of initiatives to commemorate 22 years of urban redevelopment, we intend to honour a former leader and founding member of the first democratic local government of the Bay. An individual that played a leading role in shaping the vision that enabled the existence of the MBDA, someone who represents a cohort of collective leadership that provided a conducive environment for the MBDA to flourish. The phrase 'Without vision, the people perish' is from Proverbs 29:18 in the Bible. It means that without a clear goal or direction, people become unrestrained, cannot focus and cannot reach their goals. The phrase emphasises the importance of having a clear vision or goal, and currently it is difficult to identify what the current vision is for the Bay. The Herald

IOL News
4 days ago
- IOL News
Zandile Gumede trial: Former eThekwini officials unaware of tender protocol violations
Former mayor of eThekwini, Zandile Gumede. Image: Nomonde Zondi The Durban High Court, hearing the R320 million Durban Solid Waste (DSW) tender corruption trial this week learned that the former City manager of eThekwini Sipho Nzuza and the ex-deputy head of Supply Chain Management (SCM) Sandile Ngcobo were not aware that certain protocols were not undertaken before the awarding of the tender in 2018. The former eThekwini bosses are accused, along with the former mayor of the city, Zandile Gumede, and 19 others, of numerous charges, including money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the tender. The court has learned that since the contracts were set to expire on December 31, 2017, the Solid Waste Unit stated that it was imperative to hire experienced service providers to collect waste in 2018. During cross-examination by defence counsel Advocate Jimmy Howse SC, he questioned a State witness who was part of the Executive Acquisitions Committee (EAC), established by Nzuza to advise him on recommendations made by the Bid Adjudication Committee (BAC). Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Former eThekwini city manager Sipho Nzuza. Image: Doctor Ngcobo / Independent Newspapers Howse asked the witness why, in her capacity as an EAC member, she did not alert Nzuza that compliance checks had not been completed. He also asked her why she did not tell Nzuza that the BAC had approved the quotations of contractors to collect waste and that this had to be reviewed by the EAC. The witness, who cannot be named, said Ngcobo had told her that EAC was not a statutory committee. She said when Ngcobo came to her office on December 28, 2017, to request her to prepare letters of award as per Nzuza's instruction, she raised this with Ngcobo, who told her that Nzuza had the final say. 'How could I have advised him(Nzuza) when I was told that EAC is not a statutory committee. I was not sitting on EAC at that time because I was on tenders and contracts,' the witness said. She also said that she told Ngcobo that compliance checks were not done. Howse asked her why she did not mention this when she was writing her affidavit. He said she did write that compliance checks were not completed but she did not state that she alerted Ngcobo about this on December 28. 'Because what Ngcobo and I mostly disagreed on was that the report (the BAC decision) had to go to the EAC,' she replied. The witness added that one of her concerns was that she did not have staff to draft the letters of award. When it was put to the witness that she was duty bound to tell Nzuzo about any concerns she tresponded that she had raised her concerns with Ngcobo and it was his responsibility to inform Nzuza. When Howse put it to the witness that she failed to do her job, the witness disagreed with him and said she did her job to the best of her abilities. A new witness is expected to start her testimony on Friday.