THE South Durban Community Environmental Alliance (SDCEA) and the south Durban communities, represented by the Legal Resource Centre (LRC), argued against a decision by the MEC for the Economic Development, Tourism and Environmental Affairs, KwaZulu-Natal who approved the development of the Clairwood trucking depot.
The group appeared in the Durban High Court on Friday. Speaking on the case, Desmond D’Sa from the SDCEA said the MEC had been reordered by Judge Vahed to deliver a supplementary answering affidavit by 6 October.
“It was noted that the MEC failed to apply his mind to the reports presented. Additionally, the answering affidavit was poorly compiled. As a result of this the MEC has to pay the wasted costs of the SDCEA,” he said. D’Sa said the application is adjourned to 11 December at the Durban High Court.
This court case highlights the challenges facing the communities since the development commenced, which D’Sa said included the loss of the last green lung in the area, pollution hazards, increase in 2 000 heavy vehicles in the area, loss of recreational space and a decrease in the biodiversity currently present within the Clairwood Racecourse.
“A key issue is environmental injustice, which is of great concern, particularly when one takes into consideration the already compromised living conditions of residents of the community. South Durban communities are resolute that no trucks shall enter through the Basil February Road. The lives of our school children using this interchange are imperative. The Clairwood racecourse, also known as the south Durban’s safety zone in the event of a disaster, has been destroyed. Taking into consideration that the south Durban is still without an emergency plan, with no safety zone to go to in the event of a disaster,” he said.
SDCEA contends that the MEC failed to comply with mandatory and material conditions prescribed by the empowering legislation and failed to consider the requirements for an environmental impact assessment and to place relevant consideration for the decision maker in the form of accurate expert reports. He also failed to consider the absence of a description of the environment in which the proposed development was to be constructed and in particular the impact of the proposed development of the air quality and health of the local community.
In response to the case, Nico Prinsloo, development manager of the Fortress Income Fund, which will develop the former Clairwood Racecourse site, said despite the postponement in the High Court for the MEC to make further submission on the development of Clairwood Logistics Park, the current development will continue as authorised.
“We are disappointed with the delay as we would like the matter concluded. Regarding concerns that additional vehicles on the road will compromise road safety and endanger the safety of learners from local schools, we have committed to investing R135 million in upgrading road infrastructure that will benefit the community and road users as well as our tenants on completion of the project. This extensive project includes upgrading surrounding roads, traffic intersections, pedestrian thoroughfares and on-ramps to the nearby M4 freeway,” he said.
Responding to criticism that public consultation during the EIA and appeal process was inadequate, he said according to the MEC at the time, Michael Mabuyakhulu, the developer adhered to all requirements stipulated in legislation and both advertised and engaged with communities.
“We remain committed to being good neighbours in the community and have a system in place to measure dust regularly along our boundary. The system has been approved by the environmental consultants and regular reports are sent to the authorities,” he said.
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