Sports clubs in dispute over deck

2013-09-03 00:00

A ROW between Savages Football Club and Collegians Club over a timber deck that has been built next to the sports field, has escalated to the point where it has ended up in the high court.

Savages has obtained an urgent interim interdict in the Pietermaritzburg high court, preventing Collegians from dismantling the deck pending the final outcome of the dispute.

According to the court papers, Savages accepts that the deck — which it obtained permission to erect two years ago — does not comply with the approved plans.

However, it maintains it is able to fix the “snags” at a cost of R10 900 and wants the opportunity to do so.

Collegians has indicated that the deck is unsafe and must be dismantled.

The deck is currently closed off, and Savages — who have consulted a structural engineer — asked for permission to comply with the requirements, but this was refused by Collegians.

Savages chairman Benjamin Hartshorne said in his affidavit that Collegians is “unreasonably” insisting on dismantling the deck, which to date has already cost R120 000 to build, instead of allowing the football club to have further work done for the deck to comply with the plan.

He said the contents of a report dated August 14, which was obtained by Collegians, indicates their engineer also did not regard dismantling the deck as an option, but had set out various other recommendations.

According to Hartshorne, a meeting was held on August 6 this year in a bid to persuade Collegians to allow Savages to finalise work on the deck. At that meeting the process manager of Msunduzi Municipality, Chris Sache, indicated that he was satisified that if the items on the “snag list” were finalised, “there would be no further problem with the structure from the Msunduzi municipality’s side”, said Hartshorne.

Despite this, Hartshorne said on August 15 he was informed that an instruction was given by Derek Fourie of Collegians that the deck was to be dismantled immediately.

A letter sent to the club by his attorney went unanswered.

Hartshorne said Savages was not financially strong and had tried to resolve the case without incurring legal costs, but it was clear that there was no alternative.

In terms of the order granted by Judge Themba Sishi, Collegians must respond to the application on September 11.

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