THE eThekwini Municipality says it has issued vacate orders for the people illegally occupying the condemned 40 Wills Road property which recently came under spotlight for its dilapidated state and the danger it posed to its residents.

The matter was highlighted during a DA oversight visit which raised the issue of the property also being sought by an NPO which aims to turn the heritage house into a museum.

“While there are people living here, the NPO cannot do that,” said DA Caucus Whip for Human Settlements, councillor Zamani Khuzwayo. He accused the City of dragging its feet on the matter.

“On October 2025 a report on the property was tabled before the Human Settlements, Engineering and Transport Committee. The report failed to provide clarity on the lease application or propose any solution to address the property’s ongoing state of dereliction,” said Khuzwayo. “The matter was then deferred to February 5, but the report was not presented to the committee.”

Also Read: Video: Crumbling Wills Rd heritage house becomes dangerous haven for dozens

Municipal spokesperson Gugu Sisilana the current occupants of the property do not hold a lawful lease agreement, nor any form of authorisation from eThekwini Municipality to reside in the building.

“The structure has been declared unsafe in terms of applicable building regulations, and the relevant formal notices to vacate have been issued,” said Sisilana. “The site remains under ongoing monitoring. Statutory notices have been issued in response to safety concerns, and the property is being processed through the City’s Problem Buildings Division and related enforcement mechanisms.”

NPO lease proposal being considered

When asked about the proposal to lease the property, Sisilana said the application is still under consideration by the by City. “The NPO application has not been declined,” said Sisilana. She shed clarity on the delays on reviewing the proposal.

“The matter was recently submitted to the relevant committee, which resolved to defer it to allow the Parks, Recreation and Culture Directorate to address issues raised during the meeting. Once these matters have been resolved, the report will be resubmitted through the appropriate governance structures for further consideration. No lease agreement can be concluded until all legal, compliance, and council approval processes have been finalised.

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“The Municipality acknowledges the heritage and cultural significance of the property and supports initiatives aimed at its restoration and appropriate public use,” said Sisilana.

Rent allegations probe

She added that the long-term future of the building will be guided by council resolutions, heritage regulations, statutory compliance, and approved legal frameworks governing occupation and development.

“The municipality has not authorised any individual or organisation to collect rental or occupation fees for this property. Any such collection by third parties is unlawful and conducted without the consent of the municipality. Allegations of unauthorised rental activity have been referred to the appropriate enforcement and compliance directorates for further investigation,” concluded Sisilana.

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