The new PLG Ballito Academy has been granted a year’s reprieve by the Durban High Court.
In an extraordinary ending to the fight between the KwaDukuza municipality and Ballito Academy over their right to run a school in the Ballito business park, Justice D H Penzhorn ruled against the school, but gave them a year’s grace to get their affairs in order.
In a hearing in chambers, Justice Penzhorn granted an interdict against the school, restraining it from operating as a school, boarding or recreational facility at their current property in Nandi Mthembu Drive, until granted special consent by KDM.
He also banned it from occupying the building until a certificate of occupancy in terms of the National Building Regulations and Building Standards Act has been issued.
However, going ahead and opening on January 21 without the necessary consent paid off for the school when lawyers representing the parties agreed to an amicable solution so as not to prejudice the students currently enrolled and to prevent possible disruption of their education.
According to a deal struck between Vusi Nkhosi of Shepstone and Wylie for KDM and Bruce McGregor of McGregor and Erasmus for PLG, they agreed that the interdict be suspended until December 31, 2015 or the end of the school’s academic
year, whichever comes first.
Having been granted a year to get its house in order came with a hefty price tag as PLG was ordered to pay KDM’s legal costs of up to R320 000, as well as a R49 750 fine for the breach of the National Building Regulations and Building Standards Act, plus another R200 fine for breaching the municipal signage bylaws.
All payments are to be made in 12 equal monthly instalments, starting on March 31.
The school further agreed to indemnify the municipality from any liability or damages suffered by any person as a result of PLG’s use of the premises as a school for as long they do not have special consent and/or an occupational certificate authorizing the use of the premises as a school.
PLG may make a fresh special consent application and the municipality has been ordered not to refuse consideration of such an application or make any approval thereof conditional on the payment of the mentioned civil penalties.
The outcome was welcomed by PLG School director Noel Coetzee.
“Any positive agreement is good. We are looking forward to a synergistic relationship with the municipality, making a positive contribution to the community and delivering a much needed service to Ballito.”
KDM applied for the court interdict because the school did not have the necessary consent for use.
Issues with the building plans are believed to be one of the reasons why KDM withheld special consent.
Officials said that by December 29, 2014, the plans were still not detailed as requested, not signed by an architect or a structural engineer or the owner of the property, did not contain details of the architect and indicated the incorrect lot number.
At the same time a letter of approval from the department of transport, SANRAL and the Department of Education was outstanding.
KDM senior manager of development control, Farlen Naidoo, said in a letter on December 29 in response to PLG’s application for special consent that the school seemed to be submitting information in haste and with information of substandard quality.
“Our main concern is the risk to the children. With dry walling separating classrooms, if a fire had to break out the consequences would be tragic,” said Naidoo.
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