BEREA residents are determined to oppose an application by eThekwini Municipality and developers Serengeti Rise to appeal a High Court decision that ordered the demolition of the controversial nine storey building at 317 Currie Road.
Kevin Dunkley, co-founder of Save Our Berea said the decision by the City to go on appeal was a cynical act in the extreme.
“Everything that has happened, from the atrocious rezoning, the incompetence and the reasons for the judgement, were laid at the door of the municipality by the High Court. For the City to say that they have to go on appeal because there is so much at stake for them and the ratepayers, is another example of arrogance with us the citizens, being asked to pay for the City defending their mistakes. It is time the people responsible for this incompetence are ask to pay personally for what is happening,” he said.
According to the Mercury this week, the city has requested that the matter be decided by the Supreme Court of Appeal should leave to appeal be granted.
In her judgement, Judge Steyn found the rezoning of the property unlawful because residents had not been properly consulted. She ordered the partial demolition of the building. Despite the city initially undertaking to abide by the court’s ruling, it now says it could face a massive damages claim from the developers.
Advocate Tayob Pops Aboobaker, one of a number of residents who took the matter to the High Court told Berea Mail this week that he did not see the point of the exercise. “Whatever happens in court, and even if the municipality has to finally decide on this matter, I cannot see how it will ever authorise a development of this kind. The area is a disaster zone and even a grade six child would say it” grossly inappropriate,” he said.
Save Our Berea is organising another public monster meeting to which all residents are inivted to attend. Guest speakers will address the Currie Road debacle amongst other concerns. Details of the meeting will be advertised in the local media.
