CLAIRWOOD residents have threatened to withhold their municipal rates payments and instead deposit the funds into a trust account until the eThekwini Municipality reverses its controversial rezoning decision for Clairwood Logistic Park.

Also read: Clairwood residents march in Durban against proposed rezoning of logistic park

This emerged at a meeting held at YAS Hall in Clairwood on May 28 to provide feedback to residents who submitted objections to the municipality in April.

The municipality’s decision to rezone parts of Clairwood for both residential and commercial use has sparked opposition from residents, who argue it will negatively affect their community.

Residents voice concerns over poor service delivery

Chairperson of the Clairwood Ratepayers and Residents Association (CRRA) Rishi Singh said non-service delivery in Clairwood has forced residents to resort to drastic measures in order to get the attention of officials.

The residents are calling for the following changes:

• Improving the road infrastructure
• Stop rezoning Clairwood  into a logistic park
• Provide regular updates on the status of the objections submitted to the municipality

“We’re going to circulate a petition in the community and ask each street to commit to stopping municipal rate payments. What are we paying for if our roads are in such a terrible state? The signed petition will be submitted to the municipality once all the submissions have been received from residents,” said Singh.

Community members who attended the meeting supported Singh’s proposal, and agreed that withholding municipal rates to pressure the municipality into fixing issues and reversing its rezoning decision is a wise move.

He said 2600 objections were handed to eThekwini Municipality in April when Clairwood residents held a march.

The association’s stance comes after the Durban High Court recently dismissed an application filed by the Westville Ratepayers Association (WRA) to challenge rates charges from 2005 to 2008.

The WRA believed that the municipality did not adhere to all relevant legislation, including the one that requires the municipality to publish the rates promulgation in the provincial gazette.

Also read: Local schools in Clairwood raise objections to the proposed rezoning plan

Chairperson of the South Durban Community Environmental Alliance (SDCEA) Desmond D’sa raised concerns about the proposed rezoning of the area.

“Rezoning the area for the interest of business reflects the kind of government we have, disregarding the needs of the community. We will remain on our stance as the community and not allow the municipality to destroy our heritage history,” said D’sa.

The petition is expected to be distributed to community members in two weeks, following a series of engagements by the association to address any concerns related to its proposal.

‘Municipality is entitled to collect rates,’ legal practitioner warns residents

Legal practitioner Allison Schoeman said the municipality has a constitutional and statutory duty to ensure meaningful public participation before decisions are made.

“While I understand the frustration of the residents, I caution that municipalities are lawfully entitled to collect rates and are likely to succeed in legal action for non-payment if challenged in isolation. However, the right to protest provides a powerful legal foundation for collective action, provided it is lawful, peaceful, and properly structured,” said Schoeman.

“I am currently researching a constitutional and legislative pathway for a protected rates boycott that would be legally sanctioned.

“I have identified a potential avenue discussed with senior counsel that involves approaching the High Court for a declaratory order authorising the boycott as a legitimate form of protest, with the aim of compelling the municipality to amend its administrative practices,” she said.

She said if successful, this approach could set a precedent for other communities across SA and send a clear message that municipalities can no longer disregard the voices of the people they are meant to serve.

“While the municipality may believe it has legal recourse against individual ratepayers, it must also recognise that continued service delivery failures and exclusionary decision-making cannot go unchallenged indefinitely.

“The courts, I believe, will soon be compelled to acknowledge the dire situation residents face and uphold the constitutional rights of communities like Clairwood,” she added.

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