Developers to appeal demolition judgement
Serengeti Rise Industries has instructed its legal team to file an application to appeal against the decision handed down this week in the Durban High Court to demolish the development on 317 Currie Road.
DESPITE the High Court judgement to demolish the controversial development at 317 Currie Road in the Durban Supreme Court on Monday morning, workers remain on site.
While the ruling from Judge Esther Steyn was welcomed by neighbouring residents and civil action group, Save Our Berea but the community’s civil fight may not be over.
The victory for neighbours could be short lived as developers make their next move. After having the opportunity to consider the judgement handed down, Chris de Beer, attorney for developers, Serengeti Rise Industries told Berea Mail, “It is our respectful view that another court may very well, on an assessment of the facts and the law in this case, come to a different decision. In the circumstances we have been instructed to proceed with the filing of an application for leave to appeal the judgement. We are in the process of preparing the application and hope to be in a position to file same in the next few days,” he added.
Meanwhile, thrilled with the ruling, Advocate Tayob Aboobaker, acting on behalf of affected residents told Berea Mail, outside court on Monday, “It is a victory for the rule of law and a defeat for those who seek to undermine it.”
Aboobaker believes a judicial commission of enquiry should be set up to investigate exactly what went on in this case and the many other similar cases “mushrooming” in Durban and surrounding areas.” He said other residents who are similarly affected should go to court. “I will get lawyers on board on a pro-bono or subsidised on a special basis to assist if the circumstances warrant it.”
Cheryl Johnson, of Save Our Berea said the group was still delighted with the judgement. “It is a hollow victory, however because it’s the ratepayers that had to foot the bill for all the legal costs as applicants. Save Our Berea believes the Public Protector needs to look at specifically where the culpability lies for gross mismanagement and fruitless expenditure in this case because there is a chain of responsibility and accountability which has failed.”
