Parking spat in court

2013-01-19 00:00

A SPAT over a parking bay has ended up before a high court judge for the second time this week.

The court heard that well-known Pietermaritzburg attorney Nadira Jasat won back her right to park in bay number 6 at the Southern Life Plaza in the capital on Wednesday in terms of an interim court order granted by Judge Yvonne Mbatha.

But the very next day she was refused access to the building and the parking bay by a security guard allegedly acting on the instructions of the directors of the owner of the building, Propolux 121 (Pty) Ltd.

Jasat said she and members of her family firm have parked in the bay for 15 years. This is in terms of an agreement between her father, Farouk Jasat, and Tony Skye, a former director of Propolux 121, in 1997/98 allowing the firm exclusive use of the bay at a nominal rental of R1 per annum until the property was either sold, or Jasat & Jasat or its successors ceased to exist.

On December 31, a guard told her father that they had instructions to deny them access to the bay from January 1.

Yesterday, Jasat obtained a second interim court order restoring her right to park in the bay pending the finalisation of the dispute.

She also filed a contempt of court application against the directors of Propolux 121, which was adjourned indefinitely.

According to court papers, the building has been let to the KZN provincial government.

But Heinz Kuhn, director of legal services for the Department of Local Government, which is occupying Southern Life Plaza, allegedly told Jasat’s lawyer, Carlos Miranda, that parking bay 6 was offered to them without the department requesting it.

He also allegedly told Miranda that he gave instructions to Ilanga Security guards to comply with the court order and allow Jasat & Jasat access to the bay.

Jasat said in her affidavit that Miranda had accompanied her to Southern Life building, but she was again refused entry to park her vehicle.

The guard on duty from Ilanga Security then called Lenos Zondi, a security guard employed by Propolux 121.

Jasat alleges Zondi told Miranda that a director of Propolux had instructed him not to allow her access to the parking.

Jasat’s advocate, Shameela Jasat, told Judge Mbatha during yesterday’s hearing that it had been made clear in a letter by attorney Naren Sangham, who acted for Propolux 121, that they never intended to comply with the court order and were in contempt of the order.

He wrote that the company would “in no circumstances be in a position to comply with the interim [court] order” as the entire Fedsure building had been let to the KwaZulu-Natal provincial government.

Advocate Ranjiv Nirghin, who appeared for the company, requested and was given time until next Friday to file opposing affidavits.


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