DURBAN - THE Concerned Citizens Group (CCG) has applied to the Durban High Court to interdict this week’s planned opening of the multimillion-rand KwaDukuza Mall.
According to the civic group, billionaire businessman Vivian Reddy’s Double Ring Trading, the developer, was yet to secure a certificate of occupation from the KwaDukuza Municipality.
Therefore, they are opposed to opening of the 29000m2 mall with 900 parking bays, 80 stores and restaurants, the first of its kind in the North Coast town.
Businessman Haroon Mohammedy is the chairperson of the CCG and he outlined the reasons for the groups stance in court documents.
“We are not alone in our concerns about whether the developer complied with all the relevant building requirements in the rush to open the mall.
“Members of the executive directors of the municipality have also expressed serious concerns with the development and a stop work notice was issued recently,” said Mohammedy.
Plans to widen a road leading to the mall were yet to be approved, was one of the issues raised by the directors.
In spite of the stop work notice and compliance issues not yet resolved, Mohammedy couldn’t understand how the developer announced last weekend that the mall would open on September 27.
Earlier this week he issued a letter of demand to the municipality and asked to be furnished with proof that an occupation certificate was issued.
Mohammedy said “the municipality failed to produce” the documents he requested.
“Without the approvals, the community stands to be detrimentally affected by a mall that is opened without proper building compliance, and the rule of law will be flouted by the developer and the municipality,” said Mohammedy.
Experienced town planner John Lang was engaged by the group to assess the mall’s readiness.
Lang suggested that the construction of the mall may be “irregular” because there appeared to be no evidence that the municipality had issued the relevant certificates.
Mahommedy said his organisation only sought an interim interdict.
“If and when authorisations and documents are produced the mall’s opening can continue.”
BUSINESSMAN and developer of the KwaDukuza Mall, Vivian Reddy said he wouldn’t lose a minute of sleep over the urgent interdict application made by the CCG.
The matter has been set down for Tuesday.
“It is unlikely the CCG will be granted an urgent interdict to stop a R500m investment employing 370 persons based on frivolous and unsubstantiated claims.
“I wish to assure all our valued tenants that the mall will open on Thursday as announced,” said Reddy.
He believed the CCG aimed to create “uncertainty” with its court action.
“Our legal team has advised that the current application is weak, vexatious and riddled with inaccuracies, like we built the mall without approved plans,” said Reddy.
A responding affidavit was filed by Pithabram Naicker, a development manager with Reddy’s Double Ring Trading, the company responsible for the development and the ninth respondent, KwaDukuza Mall (Pty) Ltd.
Ten respondents are listed in the matter, including the KwaDukuza Municipality.
Naicker challenged the CCG’s claim to be a public interest group and said it had only 17 members, which includes shop owners and building landlords in Stanger’s CBD.
“They’re not acting in the public’s interest, but on behalf of their own commercial interests,” claimed Naicker.
He accused the CCG of “ambush litigation” because it had waited until the 11th hour to lodge its application, which prevented his company from providing a more comprehensive response and engagement with experts, including a town planner.
Naicker questioned why the mall’s tenants were not included because they stood to lose millions of rands in stock and workers would not be paid if the mall did not open as planned.
He said not having the required permits from the municipality did not render the mall unsafe and the CCG did not provide any evidence to suggest the building was unsafe.
Regarding roads around the mall, Naicker said there was one internal road that needed to be completed but it was not unsafe to use.
Due to a “substantial” reduction in the size of the mall from the original plan, they were no longer required to widen the nearby R74 bridge, said Naicker.