AN appeal has been made to residents affected by the controversial development at 317 Currie Road and those who have an interest in the case, to help raise funding for the legal team to attend the appeal hearing on the matter on 10 May in Bloemfontein.
Advocate Tayob Aboobaker, a resident at 311 Currie Road whose property has been adversely affected by the development, said individuals and body corporates should consider attending the hearing en masse to demonstrate to the court the extent of resistance to the development on the Berea.
“The case has massive implications for residents of the Berea and for the preservation of this gracious old lady which we all love.”
“However, this brave initiative is in danger of floundering. No funds are available to finance essential disbursements such as the flight costs of the eight persons comprising the two legal teams which have been employed, the costs of accommodation in Bloemfontein, meals and the cost of car hire,” he said.
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Aboobaker said there were also outstanding wasted travel costs which counsel paid from their own pockets in respect of the last adjournment.
“Unfortunately there is no backing for the litigation from big business and thus far members of the community and the surrounding buildings have had to bear the brunt of the costs. However, all avenues to finance the litigation have been exhausted and it is necessary to reach out to the community for financial support.”
“We urge residents to contribute generously to this initiative because it has the potential to stop unscrupulous developers once and for all,” he said.
Civic activist group Save Our Berea, which has been involved with the fight against the development since the get-go, said one of the reasons the case was so important to the citizens of Durban was because it had all the elements of a “David versus Goliath” struggle.
“The politicians who run our city are making it more and more difficult for us to exercise our democratic rights by bullying us into a legal process whereby the man on the street puts himself at the risk of financial ruin by having to go this route to see justice done.”
“The politicians know this and then add insult to injury by actually using public money to defend the indefensible. It runs against the very objectives of our constitution and we call on the courts to punish politicians and officials who are found to be negligent and/or corrupt by holding them financially responsible in their personal capacity,” said co-founder Cheryl Johnson.
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The issue before the Appeal court is to decide whether Judge Esther Steyn was correct in finding that residents in neighbouring properties to the development were not given proper and lawful notice of an application by the developers to rezone the land from an initial plan to develop a four-storey building. It was subsequently revealed that the developers had submitted plans for a nine-storey building with a boundary-to-boundary footprint.
Speaking on the matter, Aboobaker said the appeal would be heard and a judgement would be made within a month or two.
“Unscrupulous developers need to be put in place and the municipality brought to book for this unlawful act. If we don’t win this case, it’s unlikely a case against any other development which has been built unlawfully will win,” he said.
Residents are urged to contribute generously to this initiative. Contributions can be made to: TN Aboobaker; account no. 1359245952; Nedbank Musgrave; Ref: 317 Currie Road.
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