Mervyn Naidoo

Association (Safa), the city, and the KZN government.

Documentation relating to the awarding of the academy project to Hoy Park was one of 22 items of correspondence that attorney Tashya Giyapersad requested from the city.

Giyapersad represented Glen Eden Trading and prepared the application and the supporting documents that Gorven will consider.

Some of the other papers Giyapersad requested from the city included:

The long term tenant agreement document between Glen Eden Trading and the city.

Tender documents that Hoy Park submitted in respect of being awarded the project, and whether the process complied with the city’s supply chain management procurement policies.

Minutes of meetings at which the city manager agreed to dispense with its usual procurement policies when awarding the academy project.

Documents showing Hoy Park on the city’s list of approved vendors.

Minutes of meetings where the academy was discussed at the City executive committee meeting.

In court documents, Giyapersad said the information would help her client’s defence against the eviction order.

The attorney said her clients were lawful occupants of their premises, but without fair warning and proper notice, the city had sought to evict them.

Such action would be to the detriment of more than 22 000 local and international people who visited the market monthly, and the hundreds of workers.

Giyapersad claimed the city had ignored previous requests to provide the information she was asking for and she had no option but to turn to the courts.

“Without the documents my client will not be able to properly defend the eviction application,” said Giyapersad.

In support of its eviction, the city said in previous court documents that its lease with the tenants had ended in May 2010, and that the tenants had not been paying rent since.

Of this week’s application, eThekwini Municipality spokeswoman Tozi Mthethwa said: “The city does not comment on cases pending in court. We will allow the law to take its course.”

Carlos Catalino who is heading the Hoy Park Academy project said it was amazing that an entity could hold the municipality to ransom, and dictate terms, when it did not pay a single cent in rent to the city, and that the delays affected the development of sport in KZN.