GRAAFF - REINET NEWS - The Dr Beyers Naude Local Municipality (DBNLM) issued a statement on 7 February stating that the company which has started with the installation of fibre within the municipal area, has not received the necessary approval from the municipality and that the installation of fibre is, therefore, currently illegal.
They added that the matter is currently with the municipal legal representatives and receiving the necessary attention.
In response to this statement Herotel confirmed that they are currently constructing their fibre network in Graaff-Reinet in accordance with their legal rights.
Herotel vehemently opposed the municipality's allegation that they are working illegally in Graaff-Reinet and stated that the matter is currently before the court.
According to Herotel, "The only reasonable inference that can be drawn from the municipality's deliberate inaction is that certain municipal officials, together with a certain Albe van der Westhuyzen, who was introduced to Herotel as a 'consultant' of the municipality, are collectively intent on ensuring that no wayleave is issued unless they receive a substantial bribe to the amount of R300 000 from it."
This allegation is denied by the municipality, who also claim to be unfamiliar with Van der Westhuyzen.
It has been established that the municipality instituted legal proceedings by application on notice of motion in the Eastern Cape Division of the High Court in Grahamstown. The notice of motion was filed on 2 February and arguments were heard on 8 February.
In terms of the application, the municipality sought an order declaring that Herotel's "trenching, excavation and/or construction work related to fibre and/or telecommunications cabling within the jurisdictional area from about 20 January 2022 was and remains unlawful" and in contravention of relevant legislation and applicable municipal by-laws.
It also included that Herotel should be ordered to "terminate their contravening actions" and "reinstate and restore to their original condition all roads, verges and/or pavements which they trenched, excavated and/or caused damage to within ten days of the order."
The DBNLM based its application on, inter alia, the historical significance of Graaff-Reinet and submitted that any development and/or construction in the town must have regard to "legislation aimed at preserving South Africa's national heritage resources."
Herotel stated that this legislation "is not applicable to the application as the municipality has failed to identify which heritage sites and/or resources Herotel has damaged or is intent on damaging with its excavation and trenching."
They added that the municipality's statement that their actions "have had and/or could have had an impact on heritage sites or resources within the town of Graaff-Reinet is speculative and devoid of fact."
In addition, it was submitted to court that the municipality's refusal to issue a wayleave to Herotel was unreasonable and unlawful and "appear to be rooted in corruption."
The municipality submitted that the Van der Westhuyzen, who allegedly attempted to solicit a bribe from Herotel, is not in the employment of the municipality and that the Municipal Manager has made enquiries to all the officials involved and none of them have any knowledge of the matter.
In the media statement that was submitted by Herotel to Graaff-Reinet Advertiser on 8 February, Herotel reassured members of the community that "all road and sidewalk excavations undertaken by Herotel will be properly reinstated to their previous condition at their cost."
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