Simbithi claims Ballito Hills developer Balwin Properties failed to implement adequate stormwater management measures, leading to damage at the eco-estate.

In court papers, Simbithi asked the court to order Balwin Properties to build and maintain proper stormwater control systems to stop excess water from Ballito Hills from flowing into Simbithi.

Simbithi claims Balwin did not construct attenuation dams that comply with required design standards, allowing stormwater to flow into the estate.

Balwin disputes the claim, arguing that Simbithi has focused on stormwater runoff from Ballito Hills while downplaying or overlooking the larger volumes of runoff from two neighboring developments, The Glen and Highlands estates.*

Balwin in turn blames Simbithi for their “inadequate stormwater management system,” which they say adds to the problem as it cannot cope with the combined amount of water from all the estates.

Both parties hired independent experts to assess their relative cases. However, Simbithi and Balwin both dispute the outcome of each other’s expert findings.

Simbithi estimates the cost of the damage from the April 2022 floods is R1 428 686. Balwin offered R390 410, which Simbithi rejected.

The issues between both parties date back to 2018. Simbithi says Balwin’s attenuation dams do not comply with their required design criteria for a 1:50-year storm but rather only a 1:25-year storm. Balwin Properties KZN general manager Kyle Gallagher contends that Simbithi’s internal stormwater management system was not able to cope with the amount of stormwater that flows through it.

Gallagher said they had upgraded stormwater systems in Ballito Hills to protect the environment and had complied with all statutory regulations.

Simbithi chairman Jeff Leaver told the Courier: “The legal action in which we are presently engaged focuses on measures to ensure the avoidance of any future events. We have engaged extensively with Balwin Properties and remain committed to a mutually acceptable resolution to all matters pertaining to storm water damages and management.”

*PLEASE NOTE: The headline and portions of the text of this article have been amended to more accurately reflect the nature of the proceedings between the parties. The article initially indicated that Simbithi seeks R1.4 in damages from Ballito Hills, which is not the case. The North Coast Courier herewith updates the public record and apologises to its readers for initially providing incorrect information.

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