Civic action group moves to stop auction of controversial Durban development

LOCAL civic action group Save Our Berea (SOB)  launched an urgent application in the Durban High Court on Monday, 24 August, to stop a liquidation auction of the controversial high-rise development at 317 Currie Road, which is planned for 26 August at 11am. 

SOB’s Cheryl Johnson and Kevin Dunkley are urging the court to order that the building is demolished.

This comes after crucial report signed off in December 2015 by the City Integrity and Investigative Unit (CIIU) on alleged irregularities surrounding the development at 317 Currie Road was kept a secret by the municipality at a Supreme Court of Appeal (SCA) hearing.

At the hearing, a Durban High Court order requiring the demolition of the building was overturned.

The appeal was granted in May 2017. Serengeti Rise Industries, the developer of the building, labelled a ‘monstrosity’ by neighbours, was placed into business rescue in 2019, and the liquidator has advertised that a sale by auction will take place on Wednesday.

ALSO READ: Leaked report reveals irregularities at 317 Currie Road development

Johnson said, however, that SOB has sufficient evidence showing fraud and corruption in the entire process, and wants to interdict the auction pending an application which seeks an order to review the decision by the municipality to rezone the property and approve plans, declaring that the approval was fraudulent from the start.

SOB wants to order the city manager to move forward to demolish the building within three months.

“We are calling for the building to be demolished and those responsible to be investigated and charged,” said Johnson.

Dunkley said the failed court action over the building at 317 Currie Road had set an adverse precedent in the area. He said the fact that the City was aware of the findings of the CIIU report, and still withheld this from the court is a huge issue, as if this report was divulged, the court ruling might have been different in this matter.

Johnson said: “SOB and Pops Aboobaker have never stopped pushing for justice and without the support of amazing lawyers working pro bono and an unknown benefactor funding costs, we could never have done it.

SOB thanks everyone who supported us and especially those who contributed money to the appeal case.”

The application for the interdict stopping the auction is expected to be heard today.  

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At the time of going to press, the contents of this feature mirrored South Africa’s lockdown regulations.  

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