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Clairwood residents’ legal battle goes to High Court

According to the information in court, the application seeks the protection of the rights and interests of Clairwood residents.

CLAIRWOOD residents filed an urgent application at the Durban High Court opposing eThekwini Municipality’s proposed logistic park rezoning plan for the area.

Wearing T-shirts declaring “Hands off Clairwood,” community members gathered in their numbers outside the court on October 25, holding placards in protest.

The community and the Clairwood Ratepayers and Residents’ Association (CRRA) is calling on eThekwini Municipality to stop the proposed rezoning plan of the area.

Chairperson of the CRRA Mervyn Reddy said, “This community has been left in limbo for far too long. It is time the people of Clairwood receive the justice they deserve. More than 50 lives have been lost in truck-related accidents, as these heavy vehicles continue to operate within a residential area.

Clairwood Ratepayers Association filed an urgent application at the Durban High Court challenging eThekwini Municipality to stop rezoning the area
Members of the Clairwood Ratepayers and Residents’ Association outside the Durban High Court. Photo: Andile Sithole

“We are seeking justice and resolution for all the ongoing issues in Clairwood. The lack of proper service delivery only worsens our situation as we feel the area has been completely neglected,” said Reddy.

Also read: Clairwood residents turn to legal action over rezoning dispute

Early this year, the municipality made a proposal to rezone the area so that it meets developmental needs of the community. However, residents feel that such changes to the area will have a negative impact on their cultural sites.

To read previous articles about Clairwood rezoning click here. 

Although eThekwini has been communicating with the Clairwood residents, explaining the purpose of the proposal, the public are still not convinced that the new proposed development will bear fruit for their area.

CRRA members held a placard demonstration outside the Durban Hight Court.
CRRA members held a placard demonstration outside the Durban Hight Court. Photo: Supplied

In court the defence and the legal team representing eThekwini Municipality agreed to set a new date for the matter to be heard.

Application in court

The application seeks to have the municipality interdicted and restrained from approving, implementing or permitting any development or town planning application under or in accordance with the new “Special Zone: Clairwood Logistics Park” until the Master Plan contemplated in the committee recommendations have been completed, published.

Also read: Clairwood Hospital’s health journey

The Clairwood Logistics Park and the adoption of a master plan were brought to the eThekwini council recently.

The municipality stated that the proposed new special zone, together with the Clairwood Master Plan, will assist the decision-maker when applications for Clairwood are lodged for consideration by the municipality.

Chairperson of the Clairwood Ratepayers and Residents' Association, Mervyn Reddy and his son, Kaveeran, protest outside the Durban High Court
Chairperson of the Clairwood Ratepayers and Residents’ Association, Mervyn Reddy and his son, Kaveeran, protest outside the Durban High Court. Photo: Supplied

This is in line with a council decision in 2014, which adopted the Local Area Plan, which directed that Clairwood should become a logistics hub.

According to the information in court, the application seeks the protection of the rights and interests of Clairwood residents.

In court, the legal team representing eThekwini Municipality agreed to set a new date for the matter to be heard.

The CRRA is represented by the Legal Resources Centre, comprising attorneys Anneline Turpin and Kiara Govender and candidate attorney Aaron Tifflin, along with Senior Counsel Advocate Glen Goddard and Advocate Muhammad Zakaria Suleman.

The municipality, through its legal team led by senior counsel Sandhya Mahabeer, and Goddard, told the court that they needed time to deliver further affidavits and asked for an adjournment.

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Andile Sithole

He has been covering a variety of news beats for over 10 years. As a journalist working for community newspapers, he has covered politics, court reporting, municipal stories, crime, and news features over the years. Andile is also a multimedia journalist for Southlands Sun. He started his career in journalism as a freelance reporter in 2005 while studying Communication Science at UNISA. Prior to joining Caxton Newspapers, he worked for both community and commercial newspapers in Durban, where he won the Journalist of the Year Award in 2020 and 2021.

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