PLETTENBERG BAY NEWS - The Plettenberg Bay Ratepayers Association has apologised for pursuing a cost order against Bitou Municipality while the money involved had already been paid more than a year before.
The Ratepayers' lawyer had overlooked the payment of a final taxed amount of R23 000 of a high court order made against Bitou on appeal.
It related to a matter in the constitutional court involving the Ratepayers and the appointment of former Bitou municipal manager, Lonwabo Ngoqo, who was barred from holding the post.
The information about the recent writ of execution sought by the Ratepayers, and the background to the case that goes back five years, was provided to Knysna Plett Herald.
This information was contained in an article published on 2 October under the headline "Sheriff to pounce on Bitou bakkies".
No response
Knysna Plett Herald had sought comment from Bitou Municipality's communications department in an email request on 23 September relating to the Ratepayers information.
No response had been received before the article was published on 2 October.
On 7 October, Bitou Municipality communications manager Andile Namntu posted a statement on Facebook expressing the municipality's "deep concern" over the article.
"We wish to clarify that the financial matter referenced in the article was fully resolved in March 2024 when the municipality settled the taxed bill of costs as determined by the taxing master of the High Court in full," Namntu's statement read.
The municipality's complaint had not been communicated to the editorial management of Knysna Plett Herald before this post and Namntu's concerns were never directly communicated to the office of Knysna-Plett Herald or its editor.
No outstanding liability
"As such, there is no outstanding liability, and no legal grounds exist for any further action. The publication of this misleading claim is disappointing as it misinforms the public and undermines the principles of responsible journalism," said Namntu.
Namntu also posted the internal memo from Bitou's manager of legal services, Alan Croutz, as well as the proof of payment document, on the municipality's website.
The memo, dated 5 March 2024, requested a sundry payment "in respect of the attached court order".
Bill of Costs
The memo said: "Legal Services Section had a Panel of Attorneys under Contract Number: SCM/2020/63/CORP, which contract came to an end on the 30 June 2023. It is safe to say that there is no contract in place in relation to the payment/s of attorneys.
The law firms were appointed during the contract period and some of the matters are still ongoing, hence we still receive attorneys' accounts. Kindly find attached hereto Bill of Costs in respect of the Plettenberg Bay Ratepayers Association/Constitutional Court (Ngoqo), the said matter was dealt with by HDRS Attorneys."
Apology
The Plettenberg Bay Ratepayers Association sent a brief apology to the municipality:
"In response to the ConCourt cost order, we made an error and we apologise. Kind regards."
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