PHINDUVUKE DEMANDS E460 000 FOR FERRYING MAIDENS

MBABANE – Phinduvuke Transport (PTY) Limited claims that government paid E5 million to the Road Transportation Council.

The money, according to the management of Phinduvuke, was given to the council to pay different public transport operators whose buses were hired to transport maidens in 2016. The payment was reportedly made on December 30, 2016.
Phinduvuke claimed that the council did not make any payment to it despite government having paid it (council) the sum of E5 million.

These are allegations contained in particulars of claim whose veracity is still to be tested in court and the respondents are yet to file their papers.
The transport operator has since instituted legal proceedings against the council and the Ministry of Public Works and Transport where it is demanding about E460 000.

The public transport company claims that it provided 10 of its buses to government to transport the maidens from different parts of the country to the Umhlanga ceremony in 2016.
The exact amount which Phinduvuke Transport is demanding from the ministry is E459 739.44
Respondents in the matter are members of the Road Transportation Council which comprises 11 public transport operators.

They are Duma Msibi, Sihlangu Nhlabatsi, Mandla Dlamini, Thembi Dlamini, Mbhilibhi Mkhombe, Enock Dlamini, Agrippa Dlamini, Ivy Dlamini, Robert Mhlanga, Mveli Mtseftwa and Simon Tsela.

Grouping

In its particulars of claim, the plaintiff (Phinduvuke (PTY) Limited  highlighted that the aforementioned  public transport operators were members of an ad hoc grouping of transport operators who provided transport or sourced and secured transport for the ministry for national events and ceremonies under the name of the Road Transport Council.

These are allegations contained in particulars of claim whose veracity is still to be tested in court and the respondents are yet to file their papers in the event they were opposing the claim against them.

Umhlanga

According to the plaintiff, in or about the month of July or August 2016, the then  Minister of Public Works and Transport, Lindiwe Dlamini, acting through her office, hired several of its buses to transport maidens during the Umhlanga National Ceremony.
The company averred that it duly provided a fleet of 10 buses to transport the maidens from the different parts of the country which included places around Manzini, Mbabane and Lubombo, among others. The agreed fee between the parties, according to the plaintiff, was E459 739.44.
“Despite demand, the defendants have failed, refused and/or neglected to make payment to the plaintiff in the sum of E459 739.44 or any sum at all,” reads part of the particulars of claim filed by the plaintiff’s lawyers from Zonke Magagula and Company in Manzini

Phiduvuke Transport (PTY) Limited wants the court to pay the aforementioned amount with interest at the rate of nine per cent per annum.
In the combined summons, government and the other defendants had been called to file their notice of intention to defend within 20 days in the event they were opposing the claim.

“Inform the defendants further that if they fail to file and serve a notice as aforesaid, a judgment may be given against them without further notice to them or if, having filed and served such a notice, they fail to plead, except, make an application to strike out, to counter claim, judgment may be given against them,” reads the summons. 

The matter is still pending at the High Court and appearing for Phinduvuke are lawyers from Zonke Magagula and Company in Manzini.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: