Sea-view spat ‘puts jobs at risk’
● A legal rumpus over sought-after sea views at a swanky Umhlanga commercial precinct nearly cost 400 construction workers their jobs.
At a time when SA’s construction industry is struggling, law firm Cox Yeats — representing Durban businessman Dumisani Mnganga — asked the Durban high court to stop the building of a plush R200m commercial development in Ridgeside, Umhlanga.
Mnganga sought the urgent interdict against the developers of Ridge 8, the eThekwini municipality and the owner of the land, Tongaat Hulett Development, among others, in a bid to put the construction of the building on ice.
The controversy centred around a loss of views from the top three floors of Ncondo Chambers — owned by Zivotone, of which Mnganga is a director.
Also at play were the jobs of 400 people working at the Ridge 8 site, which would have effectively been at risk had the interdict been granted.
The court struck the application off the roll last week because of a lack of urgency.
Mnganga claimed in court papers that the building under construction by WBHO was set to exceed the maximum height on certain portions of the site by four storeys.
He said if the construction of Ridge 8 was not stopped it would impair the views which Zivotone was entitled to enjoy from its property, including that “towards the bay of Durban and the harbour”.
He added that if the construction went ahead it would devalue Zivotone’s property.
Mnganga claimed the sought-after view was protected by “applicable planning and development controls and the law more generally”.
Zivotone wanted construction to stop pending a review application it brought relating to the approval of Ridge 8’s building plans.
WBHO Construction KZN said in a letter — which formed part of Ridge 8 Properties’ court papers — that stopping the construction would have “dire consequences for the employment of some 400 people”.
It said: “The construction industry in SA and particular KwaZulu-Natal is collapsing, with many companies being in business rescue or having being liquidated.
“Job losses from the construction sector have been huge. The stopping of another project will inevitably cause great harm to many industry stakeholders and will likely be the cause of more small companies both directly and indirectly involved in this project becoming bankrupt.
“We sincerely hope that the harm that is going to be R141m The development costs of Ridge 8 so far caused to so many people is considered carefully to the benefits that Zivotone perceives they will gain from stopping this work.”
Ridge 8 Properties said in its court papers its plans were fully compliant and that its property was not set to exceed the maximum height.
“The maximum height permitted is 167.8m and the highest point of the building, the elevator shaft, is 167m high. The general height of the building is below the maximum provided. It is curious that the top three floors of Zivotone’s building is or will be leased by its attorneys, Cox Yeats,” Ridge 8 said.
In her ruling, judge Mohini Moodley instructed that the application be struck off the roll for lack of urgency, with costs. It is not clear whether this judgment will adversely affect the review application.