Bay clubs claim victory
RICHARDS Bay’s sport and recreation clubs breathed a collective sigh of relief after yesterday’s (Wednesday) victory at Durban High Court over the municipality’s intended eviction of the clubs.
Attorneys acting on behalf of both Meerensee Boat Club (MBC) and Zululand Yacht Club (ZYC) earlier this month served an interdict on the City of UMHLATHUZE, and they yesterday received the good news that the matter had been settled.
The terms are that the costs will be held over until finalisation of the action, that the matter has been adjourned sine die (without delay), and that the City of Umhlathuze may not evict either MCB or ZYC pending finalisation of their action proceedings – a summons – to review the municipality’s resolution in cancelling the lease agreements and evicting the clubs.
‘This means that effectively we have obtained a stay on the potential eviction of the clubs for at least the next three years,’ said Lucas Landman, attorney at Bothas Incorporated, speaking shortly after leaving court.
‘This is also great news for all the other clubs as they will receive the same benefit from the court order.’
According to Landman, council for the municipality confirmed they would consolidate all their actions against the clubs as a result of this judgement.
This will result in all the clubs receiving a stay in execution.
While great news for all involved, this is by no means the end of the road, there is still much legal action ahead as the lease agreement issue remains.
The next step by the clubs’ legal teams is to summons the municipality to review its decision to evict the clubs.
‘This means that the municipality’s decision to evict the clubs will be formally challenged,’ said Landman.
Speaking on behalf of MBC and ZYC, Commodores for both clubs, Robin Vermaak (Commodore, MBC) and Wayne Bird (Commodore, ZYC) were thrilled at the judgement.
‘This is a win-win situation for both parties because it opens the door for negotiation, which is what we have wanted all along.
‘The clubs are here for everyone to enjoy and make use of and the benefits of this decision will impact the Zululand economy as a whole.
‘Richards Bay is home away from home for up-country club members who are delighted in this outcome.
‘We appreciate this outcome and are looking forward to continuing as normal, in running our activities and maintaining the clubs as we have been.
‘We would like to thank each member who gave of their time and money to stand with the clubs.’
Robin Vermaak (Commodore, Meerensee Boat Club) and Wayne Bird (Commodore, Zululand Yacht Club) look forward to an amicable resolve of the land use issues