LRC acts in Court to protect Clairwood communities from harmful rezoning and rushed logistics plan
The Legal Resources Centre appeared before the Durban High Court on 24 October on behalf of the Clairwood Ratepayers and Residents Association in two related matters against eThekwini Municipality. Both cases concern the Municipality’s long standing plan to turn Clairwood into a logistics hub at the expense of residents’ health, safety, homes and heritage.
Religious leaders, elderly residents and Association members showed strong support inside and outside Court. A peaceful picket underscored the community’s resolve to defend a neighbourhood identity that is inseparable from Clairwood’s history and places of worship.
The first matter was an urgent application arising from the Municipality’s recent adoption of a Master Plan for Clairwood. The plan would allow developments that were previously incompatible with the area’s residential character. The Municipality declined to give a written undertaking that it would not approve further rezonings that worsen congestion and harm until the road network is suitably upgraded. In the absence of that assurance, our client sought protection from the Court.
The second matter is a review application first launched in 2020. It challenges a pattern of unlawful decision making that has allowed industrial and logistics uses to erode a residential area. Given the new Master Plan, both parties have sought to supplement the papers so that the Court has the full picture.
By agreement, the review was adjourned to allow further affidavits to be filed before a new hearing date is set. The urgent application was removed from the roll and will be re enrolled once the necessary updates are complete.
“The law requires transparent, lawful and rational planning that places people first,” said the LRC team. “Clairwood residents are entitled to a safe environment, functioning roads, and meaningful participation in decisions that shape their daily lives. Development must happen in a way that protects homes and heritage rather than displacing them.”
The LRC will continue to act for the Association to ensure that any future decisions comply with planning law, environmental rights and the constitutional duty to involve affected communities. We remain committed to securing remedies that prevent further harm and restore lawful land use management in Clairwood.
