GOVT FIGHTS TO KEEP MALKERNS A TOWN

MBABANE – Government will not let Malkerns relinquish its status of being a town.

This is so because it is now appealing the judgment where the High Court declared that Malkerns was not a town.
In its appeal government averred that the High Court should have instead remitted the matter back to the Minister of Housing and Urban Development for a proper decision.

In its appeal government further argued that the High Court erred both in law and in fact in declaring that Malkerns was not a town.
The appeal is still pending in the Supreme Court.

In Her judgment Judge Mumcy Dla- mini said it was erroneous for the minister to do so (declaring Malkerns a town) without first extending an invitation under the Urban Government Act for property owners to file their objection.
Malkerns was declared a town in 2012.

“He (minister) cannot point out to Legal Notice No.97 of 2010 or Legal Notice No.30 of 2011 as an invitation because both notices were under the Building Act which regulates construction of building,” said Judge Dlamini.
The court also found that it was also prejudicial to the applicants (property owners) because their properties were suddenly levied with rates without their input as per the provisions of the Urban Government Act.

Judge Dlamini said she noted that the minister attested that the declaration of an area as a town did not necessarily attract rate payment.
“However, he did not refute the applicants’ averments that Malkerns Town Board had created a valuation roll for purposes of levying rates upon their properties,” observed the court.

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