Durban Irate Sea Cow Lake residents who claim they are “trapped” in their homes because the makeshift access road they had used is now making way for a special needs school, have suffered a further setback.
The KwaZulu-Natal Department of Public Works, which has been cited as a respondent in a matter the residents brought before the Durban High Court, claim they had been using the dirt road unlawfully for years.
Pensioner Lalchand Munasur, 70, and several other affected residents have asked the court to order the department to excavate the front of their properties and establish proper driveways now that they are being prevented from using the dirt road behind their homes.
In his founding affidavit, Munasur said locals had battled with the steep driveways in front of their Ringside Place homes and used the dirt road on Centre Place to get in and out of their properties.
This was until the land was bought by the KwaZulu-Natal Department of Education for the Bright Future Special School.
Wire fencing and heavy duty safety nets were thereafter put up along the dirt road.
Co-applicants Neeta Runglall, Privitha Choono, Diresh Lutchman, Gregory Whitby, Saleem Hoosen and Subbiah Reddy reiterated Munasur’s sentiments in affidavits before court.
Last year, an interim order was granted that effectively prevented the authorities from closing the road.
However, a few days later, the matter was back in court where the order was discharged on the promise that residential driveways would be graded by the respondents.
Residents claim this had yet to be done.
Munasur, represented by attorney Narisha Hansraj and advocate Rithy Singh, subsequently served papers calling for the respondents to carry out the work on his driveway, including creating a terraced bank and installing kerbs.
But, in papers before the court, Public Works official Dudu Fihlela said Munasur had no special rights for the excavation of a driveway.
She said the eThekwini Municipality had established the Sea Cow Lake township and created Ringside Place through which property owners and residents access their homes.
Most of them have pan-handle driveways.
Fihlela said access via Centre Place was unlawful and illegal and tantamount to “expropriation without compensation”.
She added that although the temporary pathway had been created, residents were warned of the dangers and high risk as they were driving over a gas pipeline for which Transnet held a servitude.
The consent draft order of grading the driveways was done as a matter of courtesy, Fihlela said.
She accused Munasur of pursuing the matter for financial gain.
The matter has now been adjourned indefinitely.