Johannesburg - The City of Joburg isn’t backing down in its fight to recoup R8million owed by the Gautrain Sandton station.
At stake is the possible investigation into a sale of property on the station.
This means for a third week in a row, the busy station will be without water and passengers will still need to resort to portable toilets.
At the centre of the fight is the city wanting Cedar Park, the landlord of the station, to pay its R8million debt owed to the city for water, refuse, sewerage and property rates.
But the Bombela Concession Company claims it is being unfairly treated as their water accounts are up to date.
Last week, the city released a media statement condemning what appears to be an irregular sale of the land, on which the station is situated, to Cedar Park Properties.
Said Barbara Jensen, on behalf of Gautrain Management Agency and Bombela, they have paid their water account in full.
“Cutting off water to an innocent service paying third party like Gautrain is not a way to solve legal matters and does not do the image of Joburg as a world-class African city any good,” she said.
“While the management companies support Joburg in its efforts to deal decisively with any acts of criminality within the city, we wish to clarify the following which the city failed to disclose in its statement.
“Up to 2006, the property was owned by the city. In June 2006, a part of it was acquired by the Gauteng provincial government as a public transport project and in terms of section 11 of the Gauteng Transport Infrastructure Act of 2001.
“The Gauteng provincial government proclaimed the necessary land rights to build and operate the Gautrain railway line over this property and paid the city R160m for these rights.
“The Gauteng provincial government has these rights over the railway lines, platforms and Gautrain station at Sandton,” she said.
In July 2009, the city decided to sell the remaining property (including what can be built on top of the station) and it then entered into an agreement of sale with Cedar Park.
The station commenced operations in 2010 and forms part of the Gautrain project that is operated, maintained and partially financed by the Bombela in terms of a concession agreement with the Gauteng.
Bombela is, therefore, not a tenant of Cedar Park.
“Given that the water account for the station is paid in full and up to date, and with approximately 20000 passengers utilising the Sandton station on a daily basis, and given the health and hygiene concerns we have raised, we have been calling on the city to reconnect the water supply to the station.
“These calls have gone unheeded leaving us with no other option but to seek relief through the courts,” she added.
“We want to make it very clear that the litigation by Bombela and the Gauteng provincial government is not related to the litigation by Cedar Park and we therefore do not agree with the city’s allegation that there is a duplication of litigation and furthermore the wasting of public funds.
“While we have no objection to the city attempting to recoup any unpaid rates, taxes or water accounts by any corporate property owner, we cannot let innocent Gautrain passengers be inconvenienced because of a legal battle the city has with a property owner,” she added.
Last week, the station was hit by another setback when Judge Motsamai Makume put a hold on Cedar Park’s urgent application for a mandatory interdict forcing the city to reconnect the water supply.
The judge gave Cedar Park 20 days to provide R1m security, failing which the city has been granted leave to apply for the dismissal of the case.
Joburg mayor Herman Mashaba said the city was concerned that Cedar Park would be unable to cover the costs of this litigation.
“The city remains confident it can win this case.
“We are unapologetic for cutting the water supply to the property on which the Sandton Gautrain Station is situated and the taps will remain off until Cedar Park settles it account with the city.
“Absurdly, instead of assisting the city in ensuring that this debt is paid, the Gauteng provincial government and the Bombela Concession Company is also taking the city to court in October seeking the exact same relief. Such action is wasting public money in unnecessary, duplicated litigation.”