THE legal profession has stepped into the fray to fight the scourge of unauthorised and dubious developments across the Berea.
Advocates for Transformation (AFT) in KZN has called on eThekwini Municipality to take urgent steps to establish a commission of inquiry into the proliferation of dubious developments.
In a resolution passed this week by Rajesh Choudree and Griffiths Madonsela, the advocates have also called on lawyers to provide their services pro bono to eradicating what they say is the scourge that will eventually destroy the beauty of the city.
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The resolution notes the overpowering nature of these developments, such as the “monstrosity” at 317 Currie Road, a matter which is presently before the Constitutional Court, the abdication of generally accepted town planning principles in relation to these developments, the impact on the city as a whole caused by these developments and the lack of financial and legal support to activist organisations challenging these developments.
The advocates also urge the Municipality to warn developers that they will face criminal action if they proceed with unauthorised and dubious developments.
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In the resolution, AFT calls upon the municipality to take urgent steps to establish a Commission of Enquiry to investigate these developments, and calls upon the Municipality and the Investigation and Integrity Unit to take urgent steps to stop these developments from proceeding, a recommendation voiced in recent weeks by Kevin Dunkley and Cheryl Johnson from Save Our Berea.
Civic Organisation Save Our Berea has expressed its delight that the advocates have taken up fight.
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“Embattled ratepayers will welcome this recent resolution calling for a commission of enquiry. Those people who are affected by neglected and derelict houses as well as illegal building have had to deal with the cynicism of council officials and politicians for far too long. Often the only route open to them is through a legal process that is costly and out of the reach of many ratepayers. Those that created our excellent Constitution could never have envisaged a situation where distressed citizens find themselves ignored, or locked in a legal battle with local government, who then cynically use public money to defend the indefensible,” they said.
Dunkley and Johnson said they felt the call for the legal profession to give assistance on a pro bono basis will at last give hope to the ratepayers of the city who want to see the enforcement of by-laws and town planning regulations.
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