An urgent High Court injunction is to be sought against Irish property developer Ken Denton for not complying with various legal requirements.

The decision was taken this week at a meeting chaired by Nelson Mandela Bay ward five councillor Jeremy Davis and attended by representatives of five municipal business units, Cora Terrace residents, and other interested parties.

The legal requirements for a number of Denton-owned buildings relate to health, fire, environmental, safety and security and town planning regulations.

Conspicuous by his absence at the meeting was Denton Property general manager Gawain Visagie who gave his assurance last week that three buildings - two in Bird Street and a third in Cora Terrace - would be sealed by Monday.

"He was given instructions for work that needed to be done in a week, which is why we are having a meeting today, and Visagie hasn?t come back," said councillor Terry Herbst.

"They have only secured the bottom half of 22 Bird Street. The top windows are still as they were," said Cora Terrace resident Bobby Wisnovitz.

"The shutter board he has used is not sufficient," said East Cape Institute of Architects deputy president Nicola Darke.

"Instructions have not been followed," said senior fire and emergency services officer Johan Potgieter.

"Vagrants are using these buildings as shelter and making fires on the wooden floors. It's a threat to neighbouring properties and lives. We can't allow this.

"We would like to prosecute because it is the only way. Paying a fine for Denton is nothing," Pogieter said.

In a move designed to force Denton to clean up his neglected buildings in the Central area, the city's municipal business units of safety and security, health, town planning, fire and emergency services, and building inspectorate, acting on instructions from municipal manager Graham Richards, plus the police decided to pool their resources and seek a High Court order for him to comply with all required regulations.

Municipal legal services representative Sibongile Sigadi said: "We are going to instruct senior counsel to prosecute, but first we would like to have a report showing any non-compliance, not just on the fire issue, but also on the health, the safety, and heritage issues by allowing these buildings to deteriorate so that they can be demolished and he can then proceed with what he wants to do."

Municipal environmental health representative Willem Basson said: "We are going to apply for entrance and search warrants from a magistrate before we go in because we are not allowed to just enter a dwelling."

After the decision was made, Denton said from Johannesburg: "Obviously I will give the authorities my fullest co-operation to get any defects corrected." Herbst said that what had been seen previously was gradual decay in Denton's buildings, "but now we see a galloping decay".

"I was very happy with Richards's attitude and approach. He clearly realises that a major crisis is facing the city," said Herbst.

Eastern Province Herald
Publisher: I-Net Bridge
Source: I-Net Bridge