THE Hluhluwe Shoprite Centre is at the core of what appears to be a one-sided legal dispute.
Reason being, Managing Agents Cenprop Real Estate (Pty) Ltd have had every line of communication over the past 12 months go unanswered when attempting to access basic services covered by its rates.
Cenprop Real Estate (Pty) Ltd is ‘understandably frustrated and concerned at the apathetic attitude we have experienced from the local authority’.
This statement comes after more than a year of attempting to get the Big 5 False Bay Municipality to adhere to its service delivery obligations and rectify two major issues.
The first is a litter-blocked, un-serviced storm water drain, as part of the municipal drainage system, which poses severe health and safety concerns and can no longer perform its drainage function. A direct result of this is flooding at the centre, especially during the wet season.
The second issue is the disgraceful condition of the service road behind the shopping centre. Deterioration by rain water and inadequate maintenance, if any, have rendered this road virtually unusable.
The Hluhluwe Shoprite Centre, situated at the corner of Main Road and Zebra Street, is a major contributor to the municipality’s rates account, with the centre’s monthly contributions paid timeously.
As a result of continuously unanswered correspondence, Cenprop Real Estate (Pty) Ltd sought legal action in September.
In a hand-delivered letter the attorneys highlighted the extent of the problems and included its intention to launch an application with the High Court should said letter go un-answered.
In the event of a High Court application the attorneys will seek a mandamus compelling the Big 5 False Bay Municipality to ensure that litter is removed from the storm water drainage system on a regular basis and that the storm water system itself is upgraded and maintained.
The municipality would also be compelled to repair and appropriately maintain the road.
Should the High Court application go ahead, the attorneys will seek an adverse cost order against the municipality to cover legal costs which could amount to approximately half a million rand.
