Contractor challenges eThekwini Municipality's Constitutional Court action

ETHEKWINI Municipality has been slammed for taking their multi-million-rand contractual dispute with a service provider to the Constitutional Court, in a move that has been described as an abuse of the court process and the city trying to “out-litigate” contractors.

- THAMI MAGUBANE

Daily Double Trading contends that there are no constitutional matters that have been violated in this process. In its responding papers, the company accuses the city of “outright falsehoods” in its affidavits, arguing that the city is creating new legal arguments meant to create the impression that the Constitutional Court has jurisdiction over the matter.

A lawyer representing Daily Double Trading confirmed that they have filed papers in response to the city’s court documents. She declined to comment further.

Daily Double 479, trading as Pholobas Projects, is involved in a R30 million dispute with the municipality. At the centre of the dispute is an agreement struck by the city’s lawyer, identified as Mr Moloi, with Daily Double Trading 479’s lawyer.

The court papers show that the city had cancelled the contracts after an investigation revealed irregularities in how the contracts were awarded.