(Durban street-renaming debacle goes to court again)
Typical of the political dynamics within the KwaZulu-Natal landscape, what was meant as a closure or a fresh start from the heinous, inhumane colonial and apartheid regimes that had deliberately imposed or literally misspelt numerous historical landmarks within the city of Durban and its sorrounding neighbourhoods will have to be settled before the court of law.
The Democratic Alliance now enjoined by the Inkatha Freedom Party, have instituted a court application before the Durban High Court whereby they challenge the African National Congress-led municipality to overturn the eThekwini Municipality's street renaming process.
We argue that the wider eThekwini residents were excluded from the Masakhane Committee that was entrusted with buildings and street renaming process as the ANC-aligned councillors only persued their own, narrow political objectives, reads the averments.
Giving arguments as the legal counsel of the applicants, advocate Pat Jeffreys averred that the eThekwini Municipality 'breached the public' s right not to be unfairly discriminated against with regard to culture and freedom of expression'.
"His Worship, it is my submission that certain action taken by the council constituted an incitement of imminent violence and advocated hatred based on race and ethnicity" argued Adv Jeffreys.
He added that the municipality had also failed to preserve names that were part of cultural, historical and linguistical heritage.
However, exco meeting records revealed that the city manager Dr Mike Sutcliffe had on June 25, 2007 presented a project framework that would have guided the renaming process, and that the municipality leadership were expected to, after extensive consultation, approve the application tabled by the Masakhane Committee of the already 181 proposed new names.
Hearing the application was Judge David Ntshangase, and had adjourned the matter indefinitely in order to allow the eThekwini municipality legal team to make their submissions.
It was ruled that a new court date would be set by the court and communicated to all parties.
It suffices to add that this court challenge is a sequel to the first court application that was filed before the Durban High Court by the DA in 2007, which was rejected with costs.
The dismissal of the DA's initial attempt to stop the Durban's street renaming process had forced, then newly-elected DA leader Hellen Zille, during an exclusive interview with this writer to call the 'Durban street-renaming as a daylight robbery as it was not fair and democratic at all'
(Reporter.co.za; July 30, 2007).
Zille's outburst had sparked a furious response from eThekwini Municipality manager Dr Mike Sutcliffe who had dismissed Zille's remarks as sour geapes and "opportunistic to say the least".
"Obviously the DA is crazy because the Durban High Court rejected their application to stop the street renaming process with costs, eThekwini Municipality had followed a far more open and democratic process than the minority-led DA elite group in Cape Town.
Ours was more inclusive with proper consultation with all municipal residents, hence the process of street renaming proceeds next month" explained Sutcliffe.
Tuesday, August 25, 2009
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