Concourt to hear Gayadin challenge in September

2012-06-13 00:00

THE tussle between two KwaZulu-Natal businessmen for ownership of Durban’s former Natal Command beachfront site will be considered by the Constitutional Court on September 4.

eThekwini Municipality sold the site to Durban film-maker Anant Singh’s Rinaldo Investments in 2003 for R15 million for the development of a film studio.

But the validity of the sale was challenged in court by Pietermaritzburg businessman Sunny Gayadin’s company, Giant Concerts CC.

Among other things, Giant alleged the land was sold for well below market value and that Giant was also interested in developing the site and was prepared to pay more.

Judge Jerome Mnguni initially ruled in favour of Giant Concerts CC, but in March this year his judgment was overturned by the Supreme Court of Appeal (SCA).

The SCA ruled that in fact Giant Concerts CC did not have legal standing to challenge the validity of the sale for reasons that included the fact that Giant Concerts was not a ratepayer in Durban.

Gayadin contends, however, that between them, he, his wife and Giant Concerts own about 30 properties in the eThekwini rates area and paid more than R60 000 per month in rates in Durban.

Besides, he contends, Giant Concerts has also always had an office in ­Umhlanga.

Heads of argument in the matter are being prepared by Gayadin’s counsel, Gilbert Marcus SC.

Gayadin said he was optimistic the Constitutional Court would rule in favour of Giant Concerts CC.


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