Bay clubs claim vic­tory

Zululand Observer - Weekender - - FRONT PAGE - Tam­lyn Jolly

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.’

Tam­lyn Jolly

Robin Ver­maak (Com­modore, Meerensee Boat Club) and Wayne Bird (Com­modore, Zu­l­u­land Yacht Club) look for­ward to an am­i­ca­ble re­solve of the land use is­sues

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