Court rules against Durban street renaming

2011-11-30 22:00

Bloemfontein - The eThekwini municipality was ordered to remove the signage of nine renamed streets by the Supreme Court of Appeal on Wednesday.

The SCA partly upheld an appeal by the Democratic Alliance.

Earlier, the KwaZulu-Natal High Court in Durban dismissed the DA's applications to set aside two decisions by the municipality in regard to the renaming of various streets, buildings and highways.

The municipality, during its first phase of street renaming, changed nine street names.

Later, during a second phase, it changed 99 street names.

On Wednesday, the SCA set aside the renaming of Victoria Embankment, Stanger Street, NMR Avenue, Point Road, Alice Street, Grey Street, Broad Street, Commercial Road and the M4 northern freeway.

The SCA found that the council had not complied with its own policy, applicable at the time with reference to phase one, and had therefore failed to satisfy its own demands of reasonableness.

DA spokesperson Dean Macpherson said the judgment questioned the process undertaken by the municipality, which the DA raised had from the beginning, as being flawed and extremely divisive.

Macpherson said the ruling should serve as a warning to the eThekwini municipality that no attempt to undo or override correct procedures and policies would be tolerated.

The court dismissed the DA’s appeal against the second phase to change the 99 street names.

The SCA held that the requirements of an "amended policy" were followed during the second phase.

The DA said it was disappointed that the court had not ruled in its favour in respect of phase two.

Macpherson said the DA was at no point ever against street renaming as long as it was done in a manner which contributed to nation building and the strengthening of communities.

  • Leendert - 2011-11-30 22:08

    Undoubtedly the council will find another way to push its will through.

      Donovan - 2011-11-30 22:46

      Suck on that with all your terrifically mediocre and compromised-to-a-man 'struggle heroes'. Mind you, as other commentators have noted, the law is rarely an impediment to the ANC.

      Hans - 2011-12-01 07:46

      If I were to question all the ANC members as to who the names belong to, I bet that very few will be able to tell me who they are or what they did to earn a street name.In fact less than 1% of the youth league actually know anyone.There is a street named after Samora Machel, this person is not even South African!

      Xavier7034 - 2011-12-01 09:27

      All this activity should be diverted to EDUCATION, and FREE FAST Internet to every corner of SA. Money and time are being wasted on rubbish. Get rid of the army, and do what Costa Rica has done: "Costa Ricans are a highly literate people : the country boasts of 93% literacy in those 10 years of age or over, making them the most literate population in Central America. Many of the country’s early fathers like the first president, Jose Maria Castro, were former teachers who were concerned about the education in Costa Rica." So, the last 20 years have seen a significant boosts to educational standards. There are computers in each of the nation’s 4000 schools, plus obligatory English classes. Where did they find the money? - Costa Rica abolished the military, and the budget previously dedicated to the military now is dedicated to security, education and culture; and the country maintains Police Guard forces. Forget about Oprah......that has only produced 72 graduates after 5 years....what WE need in OUR country is an INTENSIVE drive to EDUCATE - we must ask ourselves...what are the MILITARY doing to BETTER this country? WE must wake up........getting HIGH speed Internet to EVERYBODY HAS to be a priority....EXCELLENT FREE Education is THERE - especially in Maths - just look at and BOTH FREE! This "Government" should be ashamed of itself. They have had 17 years to change it, and the education system has gone into reverse!

      spartan888 - 2011-12-01 10:50

      Xavier. Get rid of the army??? are you mad.

      Perfume - 2011-12-01 15:17

      @Hans, I asked many and believe you me they did not know who the person was,that the street was named after, and I am being serious.

  • Cracker - 2011-11-30 22:11

    Who really cares? In 5 or 10 years we change the names again.

      Jack - 2011-11-30 22:16

      REally, so in 5-10 years time you really dont care who teaches your are as your name states a CRACKER!!

      Cracker - 2011-11-30 22:28

      Dear Jack, Don't be so doff. The easier it is made to change names now the easier it will be change them later. Doffie!!!

      Jack - 2011-11-30 22:32

      Right only if you believe in corruption!!

      Hans - 2011-12-01 07:48

      My GPS is so confused.

      richard.hipkin - 2011-12-01 10:07

      @Hands, then you have a cheap ass GPS..

      ivan.coetzee2 - 2011-12-01 14:19

      @Jack: you dont know Jack!

  • dirklouw - 2011-11-30 22:19

    99 street names! R100m for a party! Could have built a few houses with waisted money like that. But I guess a 1000 homeless families are less important than ANC ego's!

      Jack - 2011-11-30 22:29

      Your wasting your time....they are, and will be just like they were 100 thousnad years back....

      richard.hipkin - 2011-12-01 10:08

      Not to mention the elephants that were torn down because they "represented the IFP and this is an ANC city" at a cost of 9 million and the statue of Shaka because "it looked like a herd boy and not a warrior" at another cost of a few million..

      Debbi - 2011-12-01 23:27

      And half the name changes were roads like Northway, Broadway - nothing political at all (and now 3 names long)

  • cameronjohnprice - 2011-11-30 22:31

    Changing street names is a total waste of money.

  • Pawel - 2011-11-30 22:42

    I'm glad the poverty and unemployment issues have been settled in that region, now there is plenty money left for important issues like name changes...

  • Mark - 2011-11-30 22:55

    now what about Edwin Swales VC Drive? a true South African hero...

      Burtfred - 2011-12-01 05:57

      How can he possibly be a hero if he wasn't black or not involved in the "struggle"

      Wes - 2011-12-01 06:21

      'The King has been graciously pleased to confer the Victoria Cross on the under mentioned officer in recognition of most conspicuous bravery: - Captain Edwin Swales, DFC (610IV), South African Air Force, No.582 Squadron (Deceased) Intrepid in the attack, courageous in the face of danger, he did his duty to the last, giving his life that his comrades might live.'

      GilesMHunter - 2012-01-05 10:38

      Heroes are heroes, regardless of what era they lived in or what race, gender or potical persuasion they followed. I agree, Edwin Swales VC deserves a place in our memories. Come on SA governement practice what you preach and honour all heroes.

  • clivegoss - 2011-12-01 05:21

    YUP !With all the educational, heaith, hunger,housing poverty,jobs squatting, and all other land sorted. The Presidential compound at Inkandla is almost ready for his worships retirement and you are all muttering about street names ? A street name like Problem Mkize has such a sweet ring to it ! ! In keeping with the Natal spirit (cane) how about a BIG MAC DRIVE (thru). Downsized off course.

  • Walter - 2011-12-01 05:42

    A great pity that the historical street names, and therefore landmarks, have not been reverted to. Names like West Street and the rest! The city was built and streets named throughout our history, no matter what. Take a leaf out of Singapore's book and let history remain and remind us...... NOT the bloody ANC of their political heroes!

  • Andrew - 2011-12-01 07:14

    This is samll beer. An article in Business Day, last week, quoted the mayor of Pretoria; the city will be renamed Tshwane regardless of ojections and cost (words to that effect).

  • Msholozi - 2011-12-01 07:47

    we dont want names of malala pipe we want names of heroes

      George - 2011-12-01 09:32

      So you want names of heroes, then why not just leave the names that are there, instead of changing the names to that of a bunch of former terrorists, mind you not really former they have just changed to economic terrorists with all their corruption and so forth

  • Musa - 2011-12-01 08:27

    We cannot remain with names which represent apartheid South Africa, 17 years into democracy. This is an insult to our struggle heroes. The process will be corrected and we will proceed with the name changes. Shame, the DA wanted the court to reverse even the other 99 name changes effected. No wonder, they represent the past, whites-only South Africa. We want names which reflect Africa, not Europe. We will speed up the changes in all municipalities. This process is long overdue.

      africanwolf - 2011-12-01 08:52

      It is easy to rename what is already there what did the so called heroes contribute to build those streets? why not build new suburbs and streets, and call them with these names ? I know.. it takes hard work

      Richard - 2011-12-01 09:02

      Could please enlighten us what the nine names of the streets in question have to do with apartheid. It seems to me that they are neutral.

      pointsetia - 2011-12-01 09:02

      musa, how much do you know about 'the struggle' and the people involved.can you give the history of each of these struggle heroes and why they are 'heroes'? i don't think so.i am over 60 and can't tell you a thing about these people, people who secretly placed bombs in areas where they could kill/maim as many innocent people as possible.someone dear to me missed being blown up by a car bomb, by seconds, having just driven away from the parking lot at a shopping centre. these 'heroes' are cowards and i find it incomprehensible that anyone can condone what they did,be proud of their deeds and regard them as heroes when in fact they are cowards of the worst kind.

      Richard - 2011-12-01 10:23

      Needless to say your are unable to answer the question I posed to you earlier. I rest my case.

      Gladys - 2011-12-01 10:54

      Musa, you are clearly not a student of history. Apartheid South Africa is part of our country's history. The old names should remain. A country's history is a country's history. You can't wash it away? For example - when the Soviet Union fell in the nineties, they reverted back to the OLD names. Leningrad is back to being St Petersburg. Name-changing never made any sense. It's not like Durban and other parts of the country are not developing - so give the new areas African names then. But keep the old.

      rhodgkiss - 2011-12-01 11:10

      Commercial Road represented Apartheid?? interesting...

      dwitfield - 2011-12-01 13:42

      Streets/roads should never be named after people because there will always be new hero's and we can't constantly be changing them. We should take lessons from New York, ie. First Ave right through to Thirty First Avenue, starting from Victoria Embankment and going up we should do the same thing. Going across can be First Road, Second Road, etc. This would simplify things and would never necessitate changing the names.

      colin.chester1 - 2011-12-01 14:14

      Point Road is a symbol of Apartheid??? Evidently I am missing a point here. Idiot! This money would be far better spent providing education, housing and health care rather than appeasing idiots like yourself misguided sense of entitlement.

  • pointsetia - 2011-12-01 08:48

    street names should never have been re named in the first place. rates should be used to provide decent roads, utility services etc. what a waste of rate payers money re naming streets not to mention choosing names that are difficult to remember/pronounce/spell. with this kind of wastage no wonder our rates keep going up.

      Musa - 2011-12-01 09:05

      To whom is it difficult to pronounce? To whites? If it is not difficult to the majority, then there is no problem. When are whites going to learn how to pronounce African surnames? Bantu Education taught us Afrikaans and we are able to pronounce well both English & Afrikaans surnames. We will not have problems with these names since these are known people who fought for the liberation of this country from minority rule.

  • Musa - 2011-12-01 09:14

    @ Garth "Well done DA". It seems you did not read the article or you failed to understand it. This refers to only 9 name changes. Your DA failed to reverse the name changes to 99 streets. The procedure regarding these 9 changes will be corrected. Before you know it: these 9 streets will be changed, deal with it! We are marching forward with transformation. We can't allow reactionaries to hold us at ransom.

      George - 2011-12-01 09:43

      Musa you are a real Dickhead, your black heroes have tried to run this country for the past 18 years, and yes they have done a great job running it down to say the least, so go ahead and change the street names that is going to put food into the mouths of the masses that are starving, and yes Problem is such an appropriate name for you guys, someday we will have street names such as Corruption street, Barbary street, Gravy train street and so on.

      leigh.ridgway - 2011-12-01 10:14

      Musa, do you work for Unilever by any chance?!

      Garth - 2011-12-01 14:24

      Yes musa we know that the ignorant anc does not believe itself confined by trivialities such as the rule of law. But, one small victory in the face of majority stupidity and arrogance, is nevertheless a victory. `The procedure regarding these 9 changes will be corrected.' Scary thing is, you are probably correct here and the ignorants that you and msholozi hold so dear shall prevail. Ah well, your ineptocracy (great word Walter, thanks) shall one day fall; here's hoping that there is still something left of our beautiful country after you are done with it. Oh, one last thing ignorant: find the name `Edwin Swales' is your little red book on apartheid. Fool.

      Charlotte - 2011-12-02 08:34

      what the hell are you on about? are you that uneducated? really? are street names really holding you back in your struggle for freedom? because apparently that ended almost 18 years ago... im glad that street names are a factor in your fight for "freedom", comrade... because all that money your "leaders" are spending on renaming of streets, could be used for free housing and helping those less fortunate... but you arent worried about that now are you, because your struggle for "freedom" (from who i dont know!!!! your leaders are in power) is not over? no?

  • Musa - 2011-12-01 09:32

    @pointsetai I know everything regarding the liberation struggle. I did not read about it in history books (by the way: those books did not even cover that because history was distorded to suit the apartheid regime), I was actually involved in the struggle. The target was an oppressive system. You must understand: in every war there are casualities. Those who were sympathetic to the oppressive system had to bear the consequences. These fallen heroes had to die in order for us to be free today. That's why we must always remember them and protect this liberation from counter-revolutionary forces.

      Xavier7034 - 2011-12-01 09:56

      Rather put your efforts into getting EDUCATION for ALL, FREE, fast Internet. EVERYBODY needs education - Most people don't care a damn about what their streets are called......wasted energy. BUGGER the past...the future is now what matters. We need to change can't CHANGE the past.

      richard.hipkin - 2011-12-01 10:13

      Hahahaha.... You lie through your teeth, part of the struggle... rubbish!

      pointsetia - 2011-12-01 14:53

      Musa. Hopefully you never lose someone you love and will never see again - as a 'war casualty'. Let's see then how easy 'war casualty' slips off of your tongue.You sound like a terribly callous person. And by the way, I find those names difficult to remember, spell and pronounce as do overseas visitors.I find it insulting that those heroes of yours have streets named after them in the country I live in, and I am expected to jump with joy. Never!! Have you noticed how africans prefer to speak the english language even to each other? African languages are dying out and I bet many africans can't read zulu these days and will not be able to pronounce those names. I know of at least two and they are still scholars!!So get real. My rates money is being used to pay for something I don't support. By the way, are you a rate/tax payer and contributer to this nonsense? Can I have my money back please?

      Maai - 2011-12-01 15:33

      Are you talking about the "oppresive" National party that spent 50% of the annual budget on black upliftment, built 1000's of schools, 10 world class universities, 4 world class hospitals, spent billions on black farming initiatives, built dams to provide water to blacks, provided roads and tranport systems...for many, many years to no avail. Because as much as they (the Nats)tried, your people could not progress. You oppressed yourselves through overbreeding, destroying educational institutions and forming trade unions.

  • Thandi - 2011-12-01 09:52

    Seeing as the ANCorruption is busy honouring a bunch of has-beens and unknown or insignificant people, how about determining which street in Durban has the most drug dealers, pimps, rent-a-savage outlets, illegal money dealers, etc - and rename it Julius Malema Street. I am sure fatboy and his ilk would feel quite at home in such an environment.

      Debbi - 2011-12-01 23:37

      That would be Point Road.......

  • ludlowdj - 2011-12-01 10:25

    The ANC will force its will on the people from the barrel of a gun if necessary, but it is nice to see that at least some people have the b*lls to take on the government anyway. It is up to every single voting South African to dictate policy to the government or be seen as traitors to the people of this country. Patriotism is a love for ones country not the love for a government of the day, which in essence should never have been given a chance in the first place.

  • kim.macilwaine - 2011-12-01 10:51

    Has anyone seen the 'renaming' of Windermere at the junction with Argyll (so old school i know!) - a clever sticker has been put over the street name - Sutcliffe Avenue!!

  • ifundi - 2011-12-01 10:55

    What is amazing is that some of these names have nothing to do with South Africa. In any case who pays the rates and Taxes? Surely these are the people with a right to vote on this issue? Not some arrogant communist that is employed to manage the municipality.

  • sorryson3 - 2011-12-01 11:24

    Damn !! Wanted to invite Dr Sutcliffe out to dinner tonight to celebrate with a special meal of octopus spareribs and fish trotter curry ( very rare dishes ) but some how can't seem to locate that eatery in Swapo Machel or was it Che Samora ??? Well it is Precious, no wait, sorry Problem OH HELL Mike, sorry will have to order take aways & deliver to you---- sorry what's your address again ?? Oh yes this can only be accomplished if the eatery has'nt been washed away in a sea of sewerage ~~~ !!!! OK will get bottled water suitably sealed to wash down the meal.

  • Ally - 2011-12-01 13:46

    And now they will PAY one of their comrades to remove the signs ... more public money down the sewer

  • Perfume - 2011-12-01 14:22

    Amazing the ANC dont have such passion in fighting crime in the country, renaming streets is going to prove what!

  • sam.swanpoel - 2011-12-01 15:12

    Heros what heros? Whom did any of them fight? terrorists blowing up innocent woman and children cant be called heros in any intelligent thought.

      Maai - 2011-12-01 15:26

      And thats when they werent hiding in exile. The true heroes of SA are the people that designed, developed and built the infrastructure and economy that the current thieving cronies are either stealing or renaming (as if they had built it).

      pointsetia - 2011-12-02 08:49

      my sentiment exactly !!!terrorists are cowards and freedom fighters is just another name for terrorist.they lived and trained outside the country,crossed the border into south africa to bomb and kill then ran back across the borders like scared mice,to safety. school children from grade 1 upward had practice drills,taught to hide under desks for cover in event of bombs going off IN SCHOOLS for heavens sake.the school bag with badge printed on it was born - any other bag was suspect, may have a bomb in it.rubbish bins in streets became wire cages so a bomb could be spotted - hopefully. heroes??? like hell.murderers??? definitley!and our streets are being named of these tyrants - appalling!sutcliffe avenue, please no, he obviously supports those dreadful times hence his determination to have his 'hero' named streets.the anc appears to enjoy dividing the people by bringing back the dreadful past that caused and still causes the hate we have in this country today.

  • 4man1 - 2011-12-01 15:39

    There should be a law against naming streets after politicians. F*ck them all.

  • 4man1 - 2011-12-01 15:40

    There should be a law AGAINST naming streets after politicans. F*ck them all.

  • Jo - 2011-12-01 20:35

    Even Andrew Zondo's father, a church minister, is against the renaming of Kingsway to Andrew Zondo Road. Sutcliffe doesn't even care a damn about that.

  • sb.prins1 - 2011-12-02 08:07

    That is just crazy, do they know or have they told the South African people how much it cost to rename streets, let alone 99 of them. Instead of using the money for what it's suppose to be used for, better schools, hospitals, employment, service delivery. Instead waste it on street renaming.

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