Durban flood victims left on pavement as court rejects housing bid

Flood victims in Durban say they have no choice but remain on the pavement with their belongings after the Durban Magistrate’s Court dismissed their bid to get the eThekwini Municipality to provide further emergency housing.

About 17 people, including children, were recently evicted from their temporary accommodation on Point Road after the municipality stopped paying the owner to house them there. They were part of a larger group who were relocated there after they were displaced from their homes during the 2022 floods.

They say they were evicted, with their belongings moved to the pavement, on 27 July 2026, following eviction notices served by the eThekwini Municipality during March and June.

Eleven members of the group then approached the Durban Magistrate’s Court with an urgent application for emergency accommodation. The application lists the building owner, Pearl Star Investments PTY 193, as the first respondent.

The applicants told the court that on 27 June, the Point Road building manager, Xolani Mhkize, instructed cleaning staff to remove their belongings from the building and locked them out.

But Mkhize denied this. He said they took their possessions and left the building of their own accord, following the eviction notices served by the municipality.

After the applicants, represented by Legal Aid SA, failed to submit a reply to Mkhize’s affidavit, Magistrate John Sanders dismissed their application on 11 August. He said that in cases where there was a clear dispute of the facts, where relief was sought, the matter must be decided on the respondent’s version when it was not contested.

The municipality was listed as the second respondent but failed to file any documents.

Legal Aid’s communications desk did not respond to GroundUp’s questions about why a replying affidavit had not been filed.

The municipality previously stated that eviction notices were served on 146 people who did not qualify for housing assistance. Those who did qualify were relocated on 28 and 29 June to Montclair Lodge, temporary housing owned by the provincial Department of Human Settlements.

However, many flood victims told GroundUp that they should qualify and that they could not afford to rent their own places.

Siphesihle Simelane, whose home in Isipingo Beach was destroyed in the 2022 floods, said the municipality evicted his family on the basis that there was a property deed under their name. 

“My grandfather sold that property many years ago; he just never properly handed over the title deed.”

Simelane’s family now have nowhere to go and will continue to camp outside the Point Road building until they find alternative housing.

“How can they leave us with no water, no food and no shelter?” asked Bongani Hlatshwayo. The group was hoping that members of the public or civil organisations would step in to assist them, he said.

Regarding those camped outside, Mkhize told GroundUp that as long as they didn’t block the doorway, he would not attempt to remove them.

Senzelwe Mzila, eThekwini Municipality’s spokesperson, said 84 qualifying families had been relocated to Montclair Lodge. 

“Of the 309 rooms at Montclair Lodge, 136 rooms have been handed over for occupation. The remaining 173 rooms are still undergoing work and are anticipated to be completed by the end of August 2026.” 

Mzila said these rooms would be used for flood victims currently housed in other privately owned accommodation. DM

Originally published by GroundUp.