APPEAL was granted to Serengeti Rise Industries, the developers of the infamous 317 Currie Road building, in a judgement this morning at Durban Supreme Court.
Chris de Beer from Garlicke & Bousfield Inc, said: “We note the ruling of Judge Steyn to grant the application for leave to appeal her original decision to the Supreme Court of Appeal. Notwithstanding the unfortunate media hype which has muddied the facts of the matter, this ruling clearly vindicates our long held position that the original judgment was, in our view, simply inconsistent with our law and the judicial authority.”
He said it reiterates the position that there remains a very real prospect that another court will, having regard to the matters raised in the notice for leave to appeal, come to the conclusion that it is neither just nor equitable to order the demolition of the building.
“Serengeti Rise Industries (Pty) Ltd remains committed to the rule of law. To this extent, we will continue to expend resources to ensure that the law of the Republic of South Africa is properly applied in these circumstances,” said de Beer.
Judge Ester Steyn ruled on 29 June that the controversial development at 317 Currie Road would have to be demolished, to the delight of neighbouring residents and civil action group, Save Our Berea.
On hearing the judgement this morning, Cheryl Johnson, founder of Save Our Berea, said: “This is not surprising at all. We expected the developers to push hard for leave to appeal so let the law take its course.”
