The Durban High Court matter between the Clairwood Ratepayers and Residents Association (CRRA) and the eThekwini Municipality was on Friday adjourned to give both parties time to file further documentation.

The contention was the municipality’s amendment to the Land Use Scheme, which introduced a new Special Zone: Clairwood Logistics Park, following a council resolution on September 3, 2025. The municipality amended its legal paperwork on September 19.

The CRRA, represented by the Legal Resources Centre, comprising attorneys Anneline Turpin and Kiara Govender and candidate attorney Aaron Tifflin, along with Senior Counsel Advocate Glen Goddard and Advocate Muhammad Zakaria Suleman, wrote to the municipality on September 16 about their concerns over the September 3 resolution.

The municipality, through its legal team led by Senior Counsel Sandhya Mahabeer, told the court on Friday that they needed time to deliver further affidavits and asked for an adjournment.

In a separate court matter on Friday, the CRRA made an urgent application that the municipality be interdicted and restrained from approving, implementing, or permitting any development or town planning application in accordance with the new Special Zone: Clairwood Logistics Park until or unless the roads in and to the Clairwood suburb have been physically upgraded:

• In accordance with a traffic plan that identifies the upgrades required to safely and practically accommodate truck staging and holding areas, and the impact of truck parking and traffic contemplated in the committee recommendations about the new zone.
• Under the actual oversight of the institutional oversight structure contemplated to oversee the implementation of truck staging and holding areas in the city, which are contemplated in the new zone.

The CRRA also sought an interdict to restrain the municipality from approving, implementing, or permitting any development and development until or unless the Master Plan contemplated in the committee recommendations about the new zone, with appropriate underlying traffic and other reports about physical upgrades, have been completed, published, and the physical upgrades contemplated.

In court papers, the CRRA called for truck staging and holding areas within the city to be identified and implemented to proactively reduce the impact of trucks parking in all parts of the city.

The CRRA suggested that the dry port at Cato Ridge needs to provide such opportunities.

The urgent application was removed from the roll at the applicant’s request and will be heard on a later date to decide on the disputed issue of urgency.

The court application aims to secure genuine protection for the rights and interests of Clairwood residents.

For years, the municipality has disregarded these residents, failing to uphold or enforce its own land use scheme against illegal logistics businesses.

This inaction has led to the degradation of the suburb’s residential amenity and a blatant disregard for the legitimate rights and expectations of its inhabitants.

Clairwood was developed as a residential suburb with an appropriate road infrastructure.

The association stated that logistics businesses began using the suburb because of its proximity to the harbour.

It explained that the high volume of trucks on residential roads has led to the complete degradation of Clairwood, increased road accidents and fatalities, chest-related illnesses associated with smoke, dust, and harmful gas emissions, noise pollution, and foundational damage that threatens the stability of homes.

CRRA President Mervyn Reddy said the process took several years to get to court.

He said they were not challenging illegal businesses and trucking companies, but the eThekwini Municipality, which allowed by-laws to be broken.

Reddy stated that they were fighting for culture, dignity, and history. 

“We are happy that the Clairwood matter is going through the court process, and our concerns are being heard. The legal teams are ready, and we are hopeful we will get the judgment we deserve. The area has been left in limbo for too long. Service delivery is non-existent.” 

zainul.dawood@inl.co.za

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