THE controversial development at 317 Currie Road will have to be demolished.
The ruling from Judge Ester Steyn came this morning in the Durban Supreme Court, to the delight of neighbouring residents and civil action group, Save Our Berea.
Thrilled with the ruling, Advocate Tayob Aboobaker, acting on behalf of affected residents told Berea Mail, outside court, “It is a victory for the rule of law and a defeat for those who seek to undermine it.”
“This is a very substantial judgement. In so far as I’m aware this is the first time that an order has been granted that a building of this size is to be demolished. It is a lesson for all developers, town planners and architects to be careful of what they place before the municipality in terms of plans and applications for re-zoning. I don’t exclude the possibility of civil damages being incurred against professionals who involve themselves in those type of developments which disfigure our city and deprive our citizens and many of them elderly of their amenities which they have enjoyed over the years and of their homes which in many cases is their biggest single investment and pride and joy,” he added.
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, “which are mushrooming in Durban and surrounding areas.”
Meanwhile Cheryl Johnson, of Save Our Berea said, said the group was delighted with the judgement. “However, it is a hollow victory 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.
“The reports are not only signed by one official, there is a chain of responsibility and accountability which has failed. This includes a number of officials the DCM, CFO, DCM and Head Legal and Head Audit, who sit at committee and council and should be scrutinising all reports for any such mistakes. It seems to us that they don’t even bother to read the reports and disappear into the woodwork when someone at a lower level is hung out to dry.”
Johnson said the question regarding the integrity of those officials had to be raised. “If the municipality investigates itself, the politically connected will not be touched whilst lower level officials will be persecuted,” she said.
Byron Houston, a final year law student at Varsity College and legal researcher, said “It’s a proud day for the South African justice system because normal citizens stood up and fought for justice and didn’t stand back and allow illegal decisions to take place. As a student, I came into law to fight for justice and today I see justice is served.”
Houston said at least 500 students at Varsity College added their names to the petition against the building. “The students were also angry about the municipality’s decision and wanted to stand up for justice, this shows that our youth want to move away from the evils of corruption,” he said.
Read more stories about Currie Road development: Shocking twist in Currie Road development and Berea high-rise case postponed
