Millions owed for sewage

2018-09-28 15:42

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The developer of the Hilton Life Private Hospital is suing the uMgungundlovu District Municipality for R13,1 million for sewage removal.

Papers that came before the Pietermaritzburg high court on Thursday said that the municipality was supposed to install a sewerage system to remove the hospital’s sewage, but it agreed to reimburse the developer, Amaraka Investments 37, to get the job done. The municipality is defending the action, but has not yet filed its response to the allegations.

The developer’s claim said that it negotiated with the municipality to provide sanitation services for the hospital when it commenced business after the construction was completed. During October 2011 to February 2016, the parties concluded a service level agreement followed by three addendums.

In terms of the agreement, the municipality undertook to provide sufficient water capacity to meet the needs of the hospital.

The municipality would construct a sewerage treatment plant to meet the capacity of the hospital, which was estimated to start in July 2012 for initial flows and July 2013 for full capacity. The charge was meant to be in accordance with the tariffs for water-borne sewage disposal.

If the hospital was in operation before the completion of the plant, the developer would construct conservancy tanks or some other suitable interim measure to dispose of the sewage.

The claim added that the developers agreed to route the sewage off its property over Hilton Avenue to the property of Grace College, where it would construct an 80 square metre conservancy tank to accommodate sewage until the plant was completed.

The municipality would be responsible for the operation and maintenance of the tank, including emptying it with “vacuum tankers” to an existing sewage plant from May 1, 2015 or the date the hospital opened until the construction of the new plant.

The claim added that in terms of the second addendum, the developers agreed to empty the tank by contracting an external service provider with vacuum tankers. This was because the municipality did not have enough vacuum tankers.

It was also agreed that the municipality would reimburse the developer at the charge of R1 500 per load removed by the contracted vacuum tankers. It was also agreed and recorded at that stage that the municipality was already indebted to the developer for the removal to the tune of R13 million.

The civil action was adjourned to a date to be arranged.

Read more on:    pietermaritzburg  |  court case

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