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Ask WCLawyer Your Own Question
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15601
Experience:  L.LB (UOVS)
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I have send a registered letter to the Head, Legal

Customer Question

I have send a registered letter to the Head, Legal Department, EThekwini Municipality and also an e mail putting them on 30 day terms to take some action to enforce the NBRS and have the unauthorized work on the adjacent property demolished. The Municipality instituted a MAGISTRATE COURT criminal action to remove this work but the respondent had this withdrawn and the Council was told to proceed under the NBRS. This was more than a year ago.
There is an Attorney involved for the Municipality and I think he is advising the Municipality not to proceed despite many undertakings from them on file. Am I right in putting the Head, Legal Department on terms or should terms be served on a different Municipal official
Submitted: 1 year ago.
Category: South Africa Law
Customer: replied 1 year ago.
Which Municipal official shall I put on terms and which Municipal official will have summons served on them
Customer: replied 1 year ago.
shall I go off line and return to e mails later ?
Expert:  WCLawyer replied 1 year ago.

Good Day

You should send the notice to both the Municipal Manager as well as the Head of the Town Planning department. The second notice is basically just in the hope that the Head of the Town Planning department forces the issue with the Municipal Manager. The Municipal Manager is, however, the main guy you should be corresponding with.

Customer: replied 1 year ago.
Do I have sufficient credit to ask whether as the Complainant under the NBRS of unauthorisedwork on adjacent site damaging my property …’ am I the Council’s client and, thereforetheir attorney in this matter’s client ?
Expert:  WCLawyer replied 1 year ago.

I would not be able to answer that accurately without knowing precisely what is going on, but I would suspect that this would not be the case. If the Municipality has taken it upon themselves to address the issue that concerns you, then you have an interest in the matter and you can either work with the attorney for the Municipality, or you can request to be added as a party to the proceedings, in which case you have to appoint an attorney of your own