CCG affirms stance against KwaDukuza Mall development

2017-06-07 06:02

DESPITE numerous setbacks in their efforts to halt the development of the new KwaDukuza Mall, the Concerned Citizens Group (CCG) in KwaDukuza have affirmed their stance against it. At a press briefing held by the group on Friday, chairperson Haroon Mohammedy categorically stated that they are not opposed to the development of a mall in KwaDukuza.
However, they are against the development of the KwaDukuza Precinct Mixed Use Development - of which the first phase is the KwaDukuza Mall - on the property that was previously the Central Sports Complex (Country Club, Recreation Grounds) and the KwaDukuza Golf Course and the processes followed to attain the land.

According to Mohammedy, all that the Durban High Court did was dismiss CCG’s application to interdict the start of earthworks on the site pending the outcome of review proceedings that were to be instituted regarding what the CCG believes to be the “improper sale of the golf course site and the Central Sports Complex”.

“It was made clear by CCG’s senior counsel to both KwaDukuza Municipality (KDM) and Double Ring Trading 7 (DRT) during the course of legal argument at court that DRT would proceed with the development at risk should it elect to do so before the review application is finalised.” The said review application is yet to be filed by the CCG, however, it is in the process of being finalised, according to Mohammedy.

He said KDM was forced, in opposing the interdict, to make a portion of the documentation available which they had previously refused to furnish to the CCG despite a number requests including an application in terms of the Promotion of Access to Information Act and also lodging a complaint to the office of the Public Protector.

“Two of these documents reflect a clear variance between the non-negotiable aspects of the tender specifications and the provisions of the sale agreement that was entered into. Needless to say, according to the wording of the agreement this seems to be yet another transaction involving an arm of government which requires close judicial scrutiny.”

He added, the interdict was not granted inter alia because CCG has not been privy to such documentation when it prepared its interdict application “under very urgent circumstances”. “CCG is confident of succeeding in the review application which is in the course of being finalised for lodgement in the High Court and DRT proceeds at its peril.”

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