Judge dismisses Crossmoor transit camp application in favour of flood victims

Durban - An urgent high court application to prevent a transit camp from being built in Crossmoor, Chatsworth, was struck off the roll.

In their founding affidavit, 120 applicants said the eThekwini Municipality did not convene public hearings before deciding a transit camp would be built in the residential area.

In the Durban High Court on Tuesday, Acting Judge VS Khuzwayo said the application did not meet the necessary requirements to be considered urgent.

“The contents doesn’t necessarily explain why the application is urgent. We cannot ignore the fact that these people are waiting to be moved into the homes, and are under distress. They were victims of a rainstorm, and surely the court cannot ignore the fact that they have to be looked after.”

About 80 people from the Bottle­brush community were displaced during the torrential floods in April.

Prefab homes are being constructed by non-governmental organisation Gift of the Givers Foundation.

In September residents in formal housing told The Mercury that they were also concerned about their safety, property value depreciation and environmental impact.

However, the Gift of the Givers said their mission was purely humanitarian and although they were funding the project, it was the municipality’s responsibility to manage the transit camp and later provide formal housing for the occupants.

Community activist and resident Omi Nair said the project was a “noble gesture” from the Gift of the Givers, however it had created disharmony between the formal and informal residents.

“The depreciation of property values, the imminent increase in crime and social evils, the disdain and arrogance shown by the officials to the community representatives and all of this will not be tolerated,” said Nair.