The UMhlanga Ratepayers and Residents Association (URRA) has filed an urgent interdict in the Durban High Court to halt the planned upgrade of Herrwood Drive to four lanes. This legal challenge comes after the association’s repeated attempts to get adequate information and participation from the eThekwini Municipality were unsuccessful.
According to URRA, the proposed roadworks will directly impact residents’ properties, potentially leading to a significant loss of value and a lawful and transparent consultation process has not been provided.
URRA spokesperson Theresa Bernstein stated: “The community cannot be sidelined in matters that so directly affect their livelihoods and property rights. Due process must be followed, and residents must be heard before such an intrusive project is implemented.”
Bernstein added that the organisation believes proceeding with the expansion without proper consultation constitutes a breach of administrative justice and undermines residents’ rights under South African law.
The interdict seeks to suspend all work on the Herrwood Drive expansion until the municipality provides a full and proper disclosure of project details and allows for a lawful, transparent, and meaningful public consultation. URRA has stressed that it is not against development but insists that projects must respect the law, be fair, and consider the rights of the affected community.
Ward 35 councillor Bradley Singh has supported the residents, saying that they are justified in their concerns. “I held three public meetings, and the information I received indicates that this decision was initially made in 2003, with subsequent meetings in 2010 and 2016. However, the dynamics have changed significantly since 2003. UMhlanga is no longer a village, but a town,” Singh stated.
The Democratic Alliance councillor added that the city should initiate a public participation process to allow affected residents to voice their opinions and concerns.
EThekwini Municipality spokesperson Gugu Sisilana told Durban North News that the City cannot respond at this time, as the matter is before the court.
