Dolphin Coast community calls for enforcement of by-laws

An illegal informal settlement near Umhlali Country Club in Ballito Picture: SUPPLIED

An illegal informal settlement near Umhlali Country Club in Ballito Picture: SUPPLIED

Published Oct 20, 2024

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The Dolphin Coast Residents and Ratepayers Association (DOCRRA) has rallied significant support from the local community after launching a petition aimed at the KwaDukuza Municipality, demanding the enforcement of by-laws in the burgeoning illegal informal settlement near Umhlali Country Club in Ballito.

The association's call comes in response to escalating public health and safety concerns raised by residents regarding noise disturbances, crime, and unregulated businesses operating within the area.

Residents have cited distressing conditions, including persistent noise from shebeens, gunfire, and rising crime rates marked by assaults, robberies, and break-ins.

The petition, backed by several signatures, calls for immediate action to curb these disturbances, uphold community safety, and restore order across the neighbourhood, which includes residential estates and surrounding areas.

DOCCRA said while they empathise with and understand the plight of many of the people living in the informal settlement, public health and safety violations need to be addressed, for the good of all affected community members, including those living within the settlement.

The petition demanded that the relevant by-laws be enforced in the illegal, informal settlement and surrounds that is located in the western area of Ballito opposite the Umhlali Country Club and near to several residential estates and other communities.

"Our residents are suffering from noise disturbances from shebeens and gunfire at all times of the day and night. Our neighbourhood has become a crime hotspot with assault, robberies and break-ins as a regular occurrence. The burning of rubbish pollutes our air and litter dirties our streets. Businesses that are unregistered, unlicensed and non-compliant with regulations openly trade along the roadside with impunity.

"We demand that law enforcement bring these untenable conditions to an immediate end, bring all perpetrators to justice, and maintain a continuous and visible policing presence to ensure the safety of our community," read the petition.

The goal of DOCRRA’s petition is the enforcement of by-laws and order.

Deon Viljoen, DOCRRA's chairperson, said they were taking on the municipality for a lack of basic services and for not implementing by-laws.

"The municipality is poor in their medium and long term planning for human settlement solutions. They keep promising that they are going to do something but in the last three to four years we have been engaging with them and they've done nothing. You can't sit behind legislation of relocation and eviction because that legislation is tied up in court and now does not do the basics to ensure people have basic services," said Viljoen.

Viljoen said the informal settlement grew in the last four years to about 1000 dwellings with about 3000 and 4000 people.

He said most of the people in the settlement are just wanting a good night's rest, but it was some of the bad elements that are not controlled or managed.

Viljoen said the petition will close this weekend and will thereafter be handed to the KwaDukuza Municipality.

Sifiso Zulu, director of corporate communications for KwaDukuza Municipality, said it was the intention of the Municipality to evict the illegal occupiers, adding that it had to be done through the legal process.

"With regard to the illegal occupation of the municipal land, which has resulted in the emergence of the informal settlement in the area, the municipality has approached the High Court to seek a court order as provided for in the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (No. 19 of 1998)," said Zulu.

He said the issues around noise disturbances, gunfire, crime, and rubbish polluting the air were part of the municipality’s founding affidavit which would be considered when the matter is canvassed in court at a date yet to be set.

"There is an arrangement for meetings between the mayor, senior officials of the municipality led by the municipal manager and DOCRRA to take place quarterly. These meetings are meant to discuss matters of mutual interest between the two parties," added Zulu.

Bonginkosi Myeni, who lives in Shakas Head, a township neighbouring the settlement, said he supported the petition.

"The people in this settlement are stealing electricity and water. Their illegal connections result in power outages and surges which affect our appliances. When we ask them to stop the illegal connections they threaten to pull out bush knives to kill us.

"On weekends the noise levels increase near the shebeen and when we ask them to turn it down they say its a free country and they don't care. I don't know why the municipality is allowing this and making our life difficult," said Myeni.