Durban - A well-known Durban hotel suffered damages worth millions of rands during floods three years ago because eThekwini Municipality failed to properly manage the stormwater system. That was the claim made in the summons served on the municipality recently by law firm Norton Rose Fulbright, which represents insurers Santam.
Not only did the flooding hamper trade at the hotel, it damaged buildings, plumbing, electrical circuits, fixtures and stock at the site. The stormwater system is expected to discharge large volumes of water into the Isipingo River that runs through the area and the nearby ocean. Jacques Du Plessis, who handles serious claims on behalf of Santam, deposed an affidavit in support of the condonation court application.
Santam then advised its attorneys to pursue its claim for recovery and TCG Engineers were hired as the experts to establish which entity was responsible for the effects of the flood, Du Plessis said. According to Du Plessis, the municipality’s head of legal services responded in October 2017 but denied responsibility and ignored the condonation request.
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