KwaDukuza King Shaka Mall development halted

2017-03-15 06:03

KWADUKUZA Municipality (KDM) and Double Ring Trading have been ordered by the Durban High Court to stop work on the development of the King Shaka Shopping Mall and Civic Precinct at the KwaDukuza Recreation and Country Club Grounds and Golf Course.

The application brought by the Concerned Citizens Group (CCG) and supported by local businessman Cassim Moola and attorney Paul David came before the court on Friday, 3 March and was adjourned to Monday, 6 March.

The order states that KDM and Double Ring Trading (the respondents) deliver answering affidavits, if any, before 7 March (yesterday) and that CCG, Moola and David (the applicants) deliver replying affidavits, if any, before 9 March, the application was adjourned until 6 March.

It further states that all questions of costs are reserved and that the second respondent (Double Ring Trading) undertakes that it will not disturb the existing status quo on the property before 7 March.

When the application came before the court on Monday, it was once again adjourned until next Monday, 13 March, when a date will be set for the matter to be argued, and until then the order to stop work stands.

The CCG, Moola and David have moved that Double Ring Trading be interdicted and restrained from taking occupation of the property and commencing or continuing with excavations or any form of construction on the property.

Further, the motion states that KDM be interdicted and restrained from authorising the above mentioned actions by Double Ring Trading.

The CCG, Moola and David have taken this matter up with the intention of having the decision by KDM to sell the property to Double Ring Trading reviewed and set aside by the court.

The CCG have objected to the development of the shopping mall and civic precinct since inception and claim the processes leading up to the final stage where construction would commence, were flawed.

They have claimed that KDM’s original plan was for re-development of the KwaDukuza Golf Course only and did not include the Recreation and Country Club Grounds. They also claim KwaDukuza Municipality did not consult with its citizens as is required by legislation leaving most citizens unaware of their intentions and that the tender process was procedurally unfair.

The CCG has stated from the outset that their primary concern is the “enormous financial implications such a huge development will have on the ratepayers of the region”.

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