Durban - Homeowners in Manor Estate in Ballito have accused a property developer of building without the approved plans and rendering units that they claim are of substandard quality.
The estate, which has units that sell from R1.2million to R1.8m, was developed by Manor Squad Services, which has since been liquidated. The estate consists of free-standing houses and blocks of flats and has been developed in phases since 2015.
The developer was said to have received funding from the Botswana Public Officers Pension Fund to invest in the country. One of the company’s directors, Timothy Marsland, was arrested at Johannesburg’s OR Tambo International Airport in July 2019. He was accused of swindling the Botswana Public Officers Pension Fund out of R280m.
He is alleged to be under house arrest pending his extradition by the Botswana government.
National Prosecuting Authority regional spokesperson for the Gauteng Division Phindi Mjonondwane, confirmed that the extradition matter of Marsland was currently on roll at Kempton Park Magistrates' court.
“It is again on roll provisionally March 31, for determination of date of hearing of the application. Marsland is currently on bail for R1m and under house arrest,” she said.
The high court ordered a 418 enquiry into the dealings of the company in September 2021, with a final order granted by the Gauteng High Court in favour of winding up Manor Squad Services in February 2022. Zebra Liquidators were appointed.
Among the homeowners’ concerns was that the homes were poorly constructed, were leaking and some hadn’t been issued with occupational certificates by the municipality. The certificate confirms a property meets all the safety standards, including plumbing, electricity and roofing and that it is built according to the approved plan.
Some residents said they had been unable to sell their properties due to cracks and mould on the walls, while some had vacated their houses after they were advised that it was unhealthy to occupy them. Sunil Pranpath, who owns a unit on the estate, said he moved out three years ago because of the water leaks. Pranpath said his furniture got damaged and he had to spend thousands of rand trying to fix the problems.
“I’ve made numerous attempts to have either the developer or homeowners’ association repair the leaks, with no success. I recently checked with the council for the certificates I should have received when I purchased the property and they could not find the land surveyor report or the NHBRC (National Home Builders Registration Council) enrolment certificate.”
Another owner on the estate , Meloshni Reddy, who owns a house on the estate, said she bought her unit in 2017 as an investment but was struggling to keep tenants. “My unit is currently unoccupied because my tenants complained about the mould.”
Acting on behalf of the Liquidator Izak du Toit, through his lawyers, denied the allegations that the estate was built without the approved plans by the municipality and that units were poorly constructed.
“All the occupied units have been issued with beneficial occupational certificates and all the relevant and applicable certificates of compliance have been issued by the relevant and qualified contractors and suppliers and the same have been submitted to the KwaDukuza Municipality for final approval, which is common practice.
“We are aware that at least one person has made several visits to the KwaDukuza Municipality where he/ she made false and unfounded accusations… This is now causing frustration and a further delay in the otherwise legal and correct process followed to obtain the final approvals for the transfer of the final units at Manor Estate.”
With regard to the claims of poor workmanship, the lawyers said: “We have found that the workmanship and the general construction of Manor Estate is of a good quality. More than 90% of units have been sold, transferred in the deeds office and are now occupied by satisfied, happy owners and/or tenants.
“The developer and its duly contracted construction company have indeed communicated with the municipality and have indeed submitted all the legally required documents to the municipality in order to get the final approval for the last phases.”
SUNDAY TRIBUNE