IT looks like round two in the court battles between the eThekwini municipality and the Early Morning Market traders’ association.
The traders’ legal team are preparing a lawsuit after four people were injured at the Warwick Junction market.
In 2009, the traders took the city to court to prevent it from demolishing the market to make way for a mall. The traders won that battle.
Now the gloves are back on, with the traders accusing the city of neglecting to repair potholes, which they say have resulted in some traders and customers sustaining injuries.
Last month the association abandoned a court action to compel the municipality to fix the growing number of potholes after they were promised an official would inspect the situation.
Traders say an inspector has failed to call.
However, the municipality says it does not need to be told by the courts that the market needs to be fixed.
“We are well aware of the potholes and they are just one of the things that need urgent attention,” said Head of Business Support, Tourism and Markets Unit, Phillip Sithole, yesterday.
He said maintenance to the market had been delayed by an investigation into the costs of upgrading and fixing the entire complex.
He said an estimate of about R700 000 had been obtained.
“We do not have this money right now, but we will begin the procurement process to get contractors in to fix the potholes. this might take a month or more,” he said.
The most recent injury happened last week when a 50-year-old trader slipped and fell into a pothole, tearing a ligament and twisting her ankle.
Anjalay Govender had not seen the pothole because there was cardboard on the ground, put there to soak up the water after a hosepipe had been used to wash some cars.
“I’m the one who is always telling people to be careful and watch out for the potholes, but I ended up being the one getting hurt,” said Anjalay Govender.
On August 8, the Mercury reported that another trader, Prashela Naidoo, 58, fell and almost lost her left eye after tripping into a “giant” pothole. And Ragina Ramtahal, 65, injured her legs after falling into a pothole.
Speaking to the Daily News yesterday Naidoo said after the incident she had 12 stitches on her forehead, two below her eye and three on her knee.
“I was home for one-and-a-half months and I am the sole breadwinner. I lost business that whole month… it was still a great loss to my family,” she said.
The secretary of the traders’ association, Romila Chetty, said it was unfortunate that they had to battle in court yet again with the city, but it seemed like the only way to get things done. -Daily News