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Wednesday Jan 22, 2014

Illegal KZN property to be to be pulled down

A Durban High Court judge has ordered that an illegally built Nongoma property be demolished, and that the man who was building the home be held in contempt of court.

Judge Fikile Mokgohloa yesterday confirmed an order in a case brought by the Nongoma Local Municipality against Dumisani Nzuza.

Nzuza did not appear in court and a warrant of arrest will now be issued for him.

When he is arrested he will have to give reasons to the court as to why he should not be jailed for being in contempt of court. He will also have to pay the costs of the court application.

The municipality brought the action against Nzuza after it discovered that he had started constructing a building on vacant municipal land.

The municipal manager, Bonginkosi Ntanzi, said in court papers that Nzuza had started building without obtaining written approval from the municipality, and did not have approved plans.

The municipality secured an order last July that required Nzuza to demolish the building and move off the site.

Ntanzi said Nzuza did not comply with the court order, and a municipal official discovered last September that construction had continued at the site.

The municipality then applied for a second order to hold Nzuza in contempt of court for ignoring the previous order.

Nzuza did not file papers in the case, but, in an e-mail that was sent to the municipality and attached to the court papers, he said the land he was building on was owned by the Usuthu Traditional Council, and not the municipality.

He said that the municipality should 'stop harassing' him and that it should speak to the tribal authority.

Meanwhile, Woodglaze Trading - headed by controversial Durban businessman Jay Singh's former wife, Shireen Annamalay - has partly complied with a court order regarding its enrolment of a Newlands housing development with the National Home Builders Registration Council.

The council got an interdict last November to stop construction at the development until the company enrolled the project with the council and complied with the provisions of the Housing Consumers Protection Measures Act 1998.

It also secured orders against the registrar of deeds and the eThekwini Municipality to prevent prospective occupants from moving into any of the flats in the 16 blocks.

According to the act, all new homes must be enrolled with the council, which then conducts a series of building inspections to protect inhabitants from poor workmanship.

Yesterday, when the matter came before the Durban High Court, the matter was adjourned for Woodglaze to complete the processes outlined by the court orders.

The company was also ordered to pay the council's wasted costs caused by yesterday's adjournment. The case will be back in court next month.

The Mercury


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