Simbithi Eco-Estate has instituted a R19.5-million damages claim against Balwin Properties over stormwater damage resulting from the heavy rains of April 2022.

The Simbithi Eco-Estate Homeowners’ Association (Seehoa) alleges that Ballito Hills developer Balwin Properties failed to implement adequate stormwater management measures, causing flooding and environmental damage within the estate.

On April 8, Simbithi’s lawyers filed a R19 459 504.31 damages claim at the Durban High Court.

“The claim refers to Balwin Properties’ failure to adequately attenuate stormwater discharge from the Ballito Hills development, which caused flooding into Simbithi that had damaged our property and adversely affected our ecology and wildlife,” said Simbithi chairperson Jeff Leaver.

The Simbithi board had previously considered pursuing legal action but only recently decided to proceed after negotiations failed.

Leaver said the damages claim would cover the costs of desilting, reconstruction, rehabilitation and repairs, as well as additional security required during the reconstruction of the damaged fence line.

“Additionally, the claim refers to the sustained heavy rain of April 2022, during which Ballito Hills’ inadequate attenuation measures resulted in significant damage to one of, and the breach and destruction of another of, Simbithi’s dams, damage to our fence line and the depositing of large quantities of silt into our swamp forests,” he said.

In February, the Courier reported that Balwin disputed responsibility, arguing that Simbithi had downplayed runoff from two neighbouring estates, The Glen and Highlands.

The dispute between Simbithi and Balwin dates back to 2018. In court papers, Simbithi contended that Balwin’s attenuation dams only complied with a 1:25-year storm event, rather than the required 1:50-year standard.

Balwin KZN general manager Kyle Gallagher stated that Balwin had upgraded Ballito Hills’ stormwater systems and had complied with all statutory regulations.

Gallagher further argued that Simbithi’s own internal stormwater system was inadequate to manage the volume of water flowing through the estate.

“We are aware of Simbithi’s claim, which we intend to defend,” said a company spokesperson. “As the matter is currently before the court, we cannot provide additional comment at this time.”

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