Council seeks order to stop Motsa's rank
MBABANE – The Manzini Municipal Council has rushed to court to seek a temporary order stopping Moses Motsa from using his property as a bus rank.
In its papers the council asked the court to dispense with its rules of procedure and hear the case as a matter of urgency. It is represented by lawyer Manene Thwala.
The grounds for seeking the order were that Motsa had allegedly continued to use the plot for something which it was not gazetted for and its continued use prejudiced the council’s ability to discharge its statutory duties.
The council added that it had the duty to ensure that every owner of a property situated within the Manzini Urban Boundaries conducts his or her affairs in conformity with the law of Swaziland.
"Motsa’s conduct in unilaterally deciding to establish a bus rank on his plot without giving due consideration to the interests of the other property owners who are situated within the neighbourhood demonstrates a rather very contemptuous attitude towards lawful authority," read part of the papers.
The council added that Motsa’s attitude, which it describes as ‘callous’, needed to be urgently brought to a stop as it would serve as a precedent which would bring mayhem and disorder, not only to Manzini, but to all other local authorities.
Manzini Town Clerk and Chief Executive Officer, Lungile Dlamini, signed the affidavit that was annexed to the application.
She stated that the municipality was very embarrassed by Motsa’s actions, which flew in the face of the all legal instruments intended to regulate the harmonious development of projects within the boundaries of Manzini.
Vendors, transport bodies take municipality to court
MBABANE – While the Municipal Council of Manzini has taken Moses Motsa to court over his proposed bus rank, two public transport bodies and vendors have taken council to court demanding to use Motsa’s plot as a bus rank.
The Swaziland Commercial Amadoda Road and Transport Association (SCARTA), Swaziland Transport and Allied Workers Union (STAWU) and Buhle BemaSwati Association are represented by lawyer Lloyd Mzizi, who filed the matter under a certificate of urgency.
He said his clients will suffer prejudice if the matter was to take its normal course and added that spoliation proceedings are, by their nature, urgent.
"Pending finalisation of this application, the same situation as of now be restored in that the members of the associations be authorised to use Lot 1341, situated within the Manzini Council," read part of the application.
In essence, the associations demand the continued use of Moses Motsa’s plot as a bus rank pending finalisation of the rank impasse with the Manzini municipality.
They want the court to declare unlawful the act of the council and the police who removed their members from the purported rank. Duma Msibi signed the affidavit that was annexed to the application.
Msibi said the use of the purported bus rank was authorised by Motsa, the property owner.
He said the property was used for parking their motor vehicles when offloading their passengers as well as loading same. Buhle BemaSwati conducted their vending operations within the property.
The SCARTA General Secretary added that they had been using Motsa’s plot until they were disturbed on April 28, 2012.
He said they were shocked to discover they were no longer allowed to proceed to use it for the purpose they had got used to. They were prevented from entering and sternly warned to use the Satellite Bus Rank.
Msibi further accused the council of having taken the law into its own hands by restraining them from entering the purported rank. The property owner, Motsa, did not have in his possession a court order preventing him from using his property as a bus terminus.
They allege that they were removed from Motsa’s plot improperly when they were in peaceful and undisturbed possession and use of it.
They alleged they were dispossessed of it without a court order or any instrument authorising them to do so. The case continues at the High Court.
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