Court orders developer to return scaffolding at 317 Currie Road
A petition by 317 Currie Road developers to the Supreme Court of Appeal for leave to appeal a judgement delivered on 28 September last year, was dismissed by the court.
THE controversial development at 317 Currie Road was in the news again this week after a petition by developers Serengeti Rise Industries (Pty) Ltd to the Supreme Court of Appeal (SCA) for leave to appeal a judgement delivered in the High Court on 28 September last year, was dismissed by the SCA.
The judgement launched an urgent application against the developers, compelling the company to return scaffolding and hired equipment to Nela Kahle cc.
Since 2015, the scaffolding around the building has remained in place while court cases surrounding the development were ensued.
They urgent application by Nela Kahle cc, which was represented by counsel Ian Topping SC, was served before the court on 17 July 2015.
Nela Kahle cc sought to reclaim possession of its scaffolding as it required the items for use at another site.
Serengeti Rise was reported to have use of the scaffolding until 31 July 2015.
Through the judgment in September, Serengeti Rise was presented with an order to pay R20 920 532 for rental of scaffolding and equipment for the period August 2015 to June 2017, together with interest.
Speaking to Berea Mail this week, Tayob ‘Pops’ Aboobaker, who has battled the development since 2015, said following the dismissal of the leave to appeal through the SCA on 21 February this year, the judgment has increased significantly.
ALSO READ: The ongoing saga of 317 Currie Road
Commenting on this latest development, Aboobaker said he felt karma had now taken its course.
“The project is doomed. With all the drama surrounding this development no one will be interested in buying and I can’t see any financier funding this project. The Municipality must now take steps to demolish this property,” he said.
Aboobaker said there has been very little progress on the development and the outer facade of the development still looked exactly as it was 18 months ago when the Constitutional Court order refusing leave to appeal was issued.
“In the meanwhile the Municipality is still not prepared to release information on the 36-page report completed in December 2015 by the City Integrity and Investigative Unit on alleged irregularities surrounding the development, and the disciplinary enquiries that emanated therefrom. There are serious questions as to the reasons why the Municipality is not being transparent and accountable. I have no doubt that town planning abuse is taking place on a massive scale. Unlawful developments are mushrooming all over the Berea and even in Umhlanga, The public must rise to protect our city before it is too late,” he said.
Save Our Berea responds to the judgement
Cheryl Johnson and Kevin Dunkley from Save Our Berea said they weren’t surprised at the news from the courts on this development.
“We will continue to ask the same question we have asked from the very beginning. Why was a developer (and especially this developer), enriched by a town planning rezoning that lowered values of surrounding properties? This question has taken on even more importance given the recent decision in the Constitutional Court of SA, backing our view. It is no wonder that no politicians nor city officials involved in this decision will answer that question, because there is no reasonable answer to the question,” they said.
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