Durban hits back over Currie Rd high-rise

17-04-2015
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IOL
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The eThekwini Municipality has hardened its stance in the legal fray over the construction of a multi-storey apartment development in Durban's Currie Road, filing a strongly worded affidavit defending its officials from "gratuitous allegations of mala fides, bias and innuendos of corruption" regarding rezoning and building plan approvals given to the project.

"The city had adopted a position that it would essentially abide by the decision of the court. As required, it had already set out what it did and did not do with regard to approvals. But then these allegations were made which could not go unchallenged," advocate John Pammenter told Durban High Court Judge Esther Steyn yesterday, explaining why, on the day that the court challenge was to be argued before her, the city had filed a further, lengthy affidavit in the matter.

The case - in which neighbours of the nine-storey block of flats want to stop its completion and, ultimately, for it to be demolished - did not proceed, but the parties all agreed that everything would be in place for argument on May 14.

They also all agreed that Judge Steyn should hear the matter.

The judge raised the issue that one of the applicants, Tayob Aboobaker, a trustee of the trust which owns the flat he lives in next door to the development, was a local advocate.

She said she had also disclosed to all the parties in chambers earlier this week that she had inadvertently watched a Carte Blanche programme last Sunday which focused in part on the case.

"I do not want issues regarding my impartiality raised later with applications for my recusal... if you want another judge to hear the matter make it clear here today," she said.

All the legal representatives indicated they had no objections, saying the judge should decide on matters of law and on issues in the papers and in argument.

Berea residents living next door to 317 Currie Road joined forces last year to launch the application for a review of the city's decision to rezone the site from GR 1 to GR5 and approval of a "deviation plan" from a four-storey to nine-storey building, covering the site from boundary to boundary.

They say the development is a monstrosity which intrudes on the privacy of all buildings surrounding it, affecting views and property prices.

The developers, Serengeti Rise Industries, have denied any wrongdoing, saying the development always had all the necessary approvals and, far from being a monstrosity, would be an elegant, upmarket building, adding value to the Berea.

In his most recent affidavit, Aboobaker alleged that Google imagery provided "strong evidence" that the foundations were always for a nine-storey development and not the fourstorey plan initially approved by the city.

He alleged there was an "unsavoury smell" about the approval process and questioned the "neutrality" of officials.

In her latest affidavit, the city's senior legal adviser, Mazo Maphumalo, took strong exception to this, saying the city would apply to have these baseless and "scandalous" allegations struck from the record.

She set out a blow-by-blow account of how both approvals took place and says there was nothing untoward in the processes.

Serengeti has also filed a further affidavit, also denying the allegations and insisting that the process was not flawed.