VEREENIGING. – Desperate members of the members of the public want to know how to lodge damages claims against the Council of the Emfuleni Local Municipality, ELM. This follows damage sustained by vehicles that traverse potholes, complaints about non-working street lighting, accidents caused by motorists veering to avoid potholes, damages to pop-up garden sprays used to water sidewalks in front of houses, etc.
According to DA chief whip Jaco Karsten, claims should be lodged with the ELM Financial Department which has its own insurance wing.
This wing assesses a claim and, if approved, it is forwarded to the Claims Department.
Local authorities are liable for damages claims caused by failure to maintain municipal structures including roads, lights, etc.
Failure of a local authority to compensate a ratepayer due to claims of poverty could result in a court’s order of execution against a council, but what form such execution would take might vary between councils. A private individual stands to have property and possessions attached.
Councillor Karsten points out that damages claims against a municipality have been successful in the past and stresses that a local authority is legally liable. A press enquiry into the claims procedure was two weeks old by the time this was filed.
Nuusbron: Mooivaal Media – Vaalweekblad