EDITOR – On the 29 June 2015, the Honourable Madam Justice Steyn handed down a judgment in case 12052/2014 in the High Court of South Africa – KZN Local Division where she found for the applicant, Tayob Nazeer Aboobaker and 5 others and against the 1st and 2nd respondents being Serengeti Rise Body Corporate and the eThekwini Municipality.
The judgment arose from the application heard on 14 May 2015 in which the development at 317 Currie Road, Durban was found to be illegal.
In her judgment, Justice Steyn ruled, “In light of this finding this Court considers the following relief as just and equitable and is ordered that;
1. The development on the property situate at 317 Currie Road that exceeds GR1 zoning be demolished
2. The respondents to pay the costs of this application, jointly and severally, such costs to include the costs of two counsel where so employed.
As was expected, the first respondent appealed this judgment but what was not expected was that the eThekwini Municipality would join this appeal despite all that came out in the trial. The municipality is there to serve the people of Durban and by no stretch of the imagination can this action be seen to be doing that.
The municipality and the council, allowed their planning committee, chaired at the time by a councillor, who has since be gaoled for murder and who admitted involvement in corrupt activities to rezone this property and allow this monstrosity to be built when it would clearly, negatively affect the values of neighbouring properties.
Nobody from the City has ever answered the question of why they took that action in favour of one developer over the interests of the people of Durban.
Today, Wednesday 10 May, in Bloemfontein, five appeal court judges will review this judgment.
The legal teams are gathered. Advocate Kemp J Kemp SC will lead the charge in asking the appeal court to uphold this judgment that has far reaching consequences for every citizen in this City.
The alternative is too horrendous to visualize because it will open the door for greedy developers, with the assistance of uncaring politicians, to ride rough shod over the ratepayers of Durban.”
Kevin Dunkley & Cheryl JohnsonSave Our Berea
