City to demolish fire-damaged China Emporium building and recover R28m in costs

THE eThekwini Municipality has been locked in a legal battle over the demolition of the fire-damaged China Emporium building which is a public safety hazard and an eyesore.

The building, located on the western side of the Durban Central Business District, was extensively damaged by fire in January 2022. A structural engineer’s report received days after the fire recommended that the entire building be demolished.

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Municipality forced to act

According to a statement released by the municipality, the decision to expedite the demolition comes after careful consideration of multiple challenges arising from the compromised structure’s continued existence. “Issues, such as illegal dumping, unsanctioned public use, the risk of structural collapse as the building is unstable, traffic congestion, business disruptions due to prolonged road closures and reputational concerns, have compelled the municipality to take swift action,” said the statement.

Due to non-action by the owners, the municipality approached the court for the demolition of the building to be granted through a court order.

“In September 2022, the building owner, Zoloscore Investments (Pty) Ltd, was directed to demolish the structure within six months. This was not done, and as such, Zoloscore Investments (Pty) Ltd is technically in breach of the court order, which empowers the municipality to demolish the building and recover the costs from the building owner. This means the municipality equally has a legal obligation to act. In a proactive and resolute stride towards enhancing public safety and ushering in new investment opportunities, the municipality’s Executive Committee (EXCO) has given its resounding approval to expedite the demolition of the fire-damaged structure. This critical decision aligns with the City’s unwavering commitment to creating a secure urban environment and fostering economic growth,” said the City.

A comprehensive report presented during the EXCO meeting on August 22 explained the rationale behind the estimated R28m budget earmarked for the building’s demolition.

“The incurred costs include the demolition, clearing of rubble, cleaning up the property and securing the site afterwards. Importantly, this financial commitment is set to be recovered by the City, adhering to a court order that mandates the building owner, Zoloscore Investments (Pty) Ltd, shoulder all expenses related to the demolition and subsequent clean-up. The building’s demolition is a necessary step towards preserving the integrity of the City’s urban fabric and ensuring a secure environment for its residents. Moreover, adherence to legal stipulations further underscores the City’s commitment to upholding regulations and ensuring the safety of its residents,” said the City in their statement.

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The mayor gives his take

“Our priority remains the safety and prosperity of our community,” affirmed eThekwini mayor Councillor Mxolisi Kaunda while chairing the EXCO meeting.

He also emphasised the importance of prudent financial management, highlighting the ongoing efforts to negotiate lower demolition costs through the City’s Supply Chain Management.

Furthermore, Mayor Kaunda called for the acceleration of the demolition process, acknowledging the pivotal role the removal of the damaged building plays in facilitating a major R130m investment in the M4 outbound carriage.

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